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Annex 1 - List of Questions


This Document is Archived


The Commissioning Rule, Contracts and the Copyright Act 1994: A Discussion Paper

Regulatory and Competition Policy Branch
[ Last Updated 5 April 2006 ]


Within this section…

Commissioning Rule

Question 1

What is the industry practice relating to commissions by commercial clients?

  1. Are most commissioned photographs commissioned by commercial or private clients?
  2. To what extent and in what way is copyright ownership of the photographs subject to contractual agreements?
  3. What is your view on, and experience of, subsequent use of commercially commissioned photographs? To what extent are commercially commissioned photographs subsequently used where the photographer is not the owner of copyright?
  4. Does the amount of paid commission cover subsequent use of the commissioned photograph?

Question 2

In your view, who has more creative input into the taking of a commissioned photograph: the commissioner or the photographer?

Question 3

What is the current practice relating to commissions by private clients?

  1. To what extent, and in what way, is copyright ownership of privately commissioned photographs subject to contractual agreements?
  2. What is your view on, and experience of, subsequent use of privately commissioned photographs?
  3. Is the level of protection provided by section 105(1) of the Act appropriate?

Question 4

Are there any other significant copyright issues relating to commissioned photographs, other than those identified above?

Question 5

Who should have ownership of photographs commissioned by commercial or private clients? Please explain.

Question 6

What are the advantages and disadvantages of the commissioning rule as it applies to works other than photographs?

Question 7

Does the commissioning rule reflect industry practice or does industry practice depart from the default position, and if so, in what way?

Question 8

How do industry/individuals deal with situations where several works are commissioned, but different default ownership rules apply?

Question 9

Does the commissioning rule cause uncertainty as to how to define ownership of works covered by the rule?

Question 10

What is the current practice relating to commissions by private clients?

  1. To what extent, and in what way, is copyright ownership of privately commissioned works subject to contractual agreements?
  2. What is your view on, and experience of, subsequent use of privately commissioned works?

Question 11

Have there been any substantial privacy issues with privately commissioned works other than photographs or films that should be addressed by section 105(1) of the Act?

Question 12

Are there any reasons to extend section 21(3) of the Act to other categories of works?

Question 13

Are there any other significant issues, other than those identified above, relating to the commissioning of works other than photographs?

Question 14

What are your views on the options presented and why? Which of the above options do you support and why? Do you suggest any other options?

Copyright and Contract

Question 15

To what extent do license agreements that purport to alter or exclude terms of the Copyright Act 1994 form the basis of business models in New Zealand and internationally?

Question 16

What problems, if any, have users in New Zealand encountered with regard to the exclusion of permitted acts provided under the Copyright Act 1994 by contractual license agreements?

Question 17

Have copyright owners sought to enforce such provisions in New Zealand? If yes, please provide details. In particular, have the attempts to enforce such provisions been successful?


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