Copyright
Registration of copyright is not required and there is no registration process for copyright in Aotearoa- New Zealand.
Copyright and mātauranga Māori
Copyright can be used to protect the expression of some forms of mātauranga Māori and traditional knowledge (but not the underlying ideas, content or style), when it is recorded in a fixed form. Under copyright laws there are limits to the period of protection and an author must be identified. This means copyright protection is likely to be relevant to "contemporary"-based expressions of traditional culture only. Examples of things that might be protected include:
- the musical composition or lyrics of contemporary or previously unfixed traditional waiata as "musical works", with separate protection for "sound recordings";
- newly documented oral history, as "literary works" or "films"; and
- carvings, paintings, weaving, textiles, photographs, architecture as "artistic" works.
The term "copyright" refers to rights in relation to original works and protects the particular manner of expressing an idea or conveying information.
Copyright protection comes into existence automatically upon the creation of any original work. Registration of copyright is not required and there is no registration process for copyright in Aotearoa-New Zealand.
Although it isn't required by law, it is a good idea to include a copyright statement or notice on the work. This lets others know the work is subject to copyright protection and that they need to get consent to copy the work or use it in any other way that is restricted by copyright. A common form of copyright notice consists of the © symbol, the name of the copyright owner and the year the work was first published. For example: © Ministry of Economic Development, 2007.
Copyright protection is provided for by the Copyright Act 1994.
What qualifies for copyright protection?
Copyright can exist in original works of the following categories:
- Literary works: including computer programs, tables and compilations.
- Dramatic works: including dance or mime and scenarios or scripts for films and plays.
- Artistic works: irrespective of artistic "quality" or merit.
- Musical works: note that accompanying lyrics or dances could be separately protected as a literary or dramatic work.
- Sound recordings: the recording is protected separately from any copyright for the work that has been recorded.
- Films: whatever the format, for example, video cassette, DVD.
- Broadcasts and cable programmes: protected separately from any copyright for the content being shown.4
- Typographical arrangements of published editions: The typeset or image (how it is presented or laid out) of the published edition of the whole or part of a literary, dramatic or published work.
What does not qualify for copyright protection?
Copyright protects particular original expressions of an idea. It doesn't protect ideas that can be expressed in other ways.
For example, if you paint a picture of a nikau, the way you do this is effectively your expression. Someone else cannot copy your expression of a nikau without infringing your copyright. That person can, however, still paint a picture of a nikau, but express it in their own way. This is not an infringement of copyright because there is no copyright in nikau, or in the idea of painting a nikau. Your copyright exists in the way you expressed the nikau only.
What rights does copyright give?
The owner of copyright in a work has the "exclusive right" to do certain "restricted acts" in relation to the work. These include:
- copying the work;
- publishing, issuing or selling copies of the work to the public;
- performing the work in public;
- playing the work in public;
- showing the work in public;
- broadcasting the work or including the work in a cable programme service;
- making an adaptation of the work or doing any of the above activities in relation to an adaptation; and
- authorising any other person to do any of the restricted activities listed above.
Who owns copyright?
The creator of an original work will usually be the owner of any copyright in that work. There are two exceptions to this rule:
- Where a work is created in the course of employment, the employer is the owner.
- Where someone commissions, and agrees to pay for, a photograph, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, sound recording or computer program, the person who commissioned it will be the owner.5
These positions can be varied by written agreement – which means the artist or creator of a work can enter into a contract or agreement that says they will retain copyright.
Are there any exceptions to copyright?
There are a number of exceptions to copyright. These are called "permitted acts". Sometimes it is decided that the wider public interest or the interests of particular groups make it necessary to restrict or limit the rights granted to copyright owners. These include:
- "fair dealing" – for the purposes of criticism, review, news reporting, research or private study;
- limited copying or dealing in the work for particular educational purposes in specific circumstances;
- limited copying or dealing in the work by librarians or archivists in specific circumstances; and
- recording a television programme for the purpose of making a complaint or watching it at a more convenient time.
Moral rights
In addition to economic rights, authors and directors have certain "moral rights". These rights include:
- the right to be identified as the author of a work (the right of attribution);
- the right to object to derogatory treatment of the work (the right of integrity); and
- the right not to have a work falsely attributed to them.
Moral rights can't be assigned to another person except upon the death of the author.
How long does protection last?
The general rule for literary, dramatic, musical or artistic works is that copyright lasts for the lifetime of the author plus 50 years. For sound recordings and films, copyright lasts for 50 years from the end of the calendar year it was made, or made available to the public, whichever is later. For artistic work industrially applied, copyright protection lasts 16 years from the time the work is industrially applied. Other types of works have different periods of protection. Once copyright in a work expires, the works falls into the "public domain"6 and can be freely used.
Does copyright protection apply overseas?
Aotearoa-New Zealand is a party to various international agreements on copyright. This means that when an original work is created in Aotearoa-New Zealand, it is also automatically protected in other countries that are also party to those agreements.
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