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Copyright law of New Zealand

January 01, 1970

The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments.[1] It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.[2][3]

New Zealand is party to several international copyright agreements, including the TRIPS Agreement 1994, the Berne Convention 1928 and the Universal Copyright Convention 1952.

Scope of copyright edit

The Copyright Act 1994 provides owners of original work with a monopoly to control the use and dissemination of their work. The owner of the copyright in a work has the exclusive right to exploit the economic rights. A person infringes copyright in a work when he or she, other than pursuant to a copyright licence, does any of the following "restricted acts", either in relation to the work as a whole or any "substantial part" of it: [4]

  • copying the work
  • publishing, issuing or selling copies to the public
  • performing, playing or showing the work in public
  • broadcasting the work
  • making any work derived or adapted from the copyright work

Anyone who wants to use someone else's work requires the permission of the right owner. The copyright owner can assign, transfer, and license the economic rights in the work.

Copyright works edit

Copyright automatically applies (no registration required) to original works in the following categories:[4]

  • Literary works (novels, poems, song lyrics, computer programming/programmes, compilations of data)
  • Dramatic works (scripts for films or plays)
  • Artistic works (paintings, plans, maps, photographs, sculptures, models, buildings)
  • Musical works (scores and arrangements)
  • Sound recordings (of musical, literary or dramatic works)
  • Films
  • Broadcasts (radio, TV, cable)
  • Typographical arrangement of published editions (this exists independent of copyright in the published work, if any)

Copyright does not apply to certain government works, such as Acts of Parliament, Regulations, Parliamentary debates, Court judgments and reports of Select Committees, Royal Commissions, Commissions of Inquiry, etc.

Copyright term edit

Copyright protection does not last forever. The duration of copyright protection depends on the type of work. The work will eventually be out of copyright (there is no concept of public domain in New Zealand legislation).[5] This means that once copyright has expired, everyone can freely use the work. Before such time permission of the rights holder is required to use a copyrighted work. New Zealand's copyright term is largely consistent with other countries, and complies with the WIPO standard. The copyright term depends on the type of work in question. Here are some examples: [4]

  • Literary, dramatic, musical and artistic works: 50 years from the death of the author
  • Sound recordings and films: 50 years from when it is available to the public
  • Broadcasts and cable: 50 years from broadcast
  • Typographical arrangements: 25 years from first publishing
  • Computer-generated work: 50 years after being made
  • Crown copyright: 100 years
  • Artistic works industrially applied: 16 years from when the work is applied
  • Artistic craftsmanship industrially applied: 25 years from when the work is applied

In October 2021, the New Zealand government reached a free trade agreement with the United Kingdom.[6] This agreement includes a provision to extend the copyright term by 20 years for authors, performers and producers to be implemented within 15 years.[7]

Exclusions and fair dealing edit

The Copyright Act allows for certain permitted acts to be exempted from copyright restrictions. These include:

  • fair dealing for the purpose of criticism, review, news reporting, research or private study
  • certain educational purposes
  • time shifting of TV programmes for viewing at a later time
  • format shifting of music
  • back up of computer programs
  • braille copies of literary or dramatic works

Moral rights edit

Besides protecting the economic rights of the author, copyright law also protects the moral rights of an author. Moral rights protect the author from distortion, mutilation or other modification of the work where that act would be or is prejudicial to the reputation of the author. Moral rights are inalienably attached to the author and cannot be transferred. Some moral rights can, however, be waived. Moral rights give the author for instance the right to:

  • be identified as the author (right of attribution)
  • object to derogatory treatment of the work (right of integrity)
  • not have work falsely attributed to them

New technologies amendments edit

In 2001,[8] the Ministry of Economic Development initiated a major review of copyright law, in light of new technologies, such as media in digital form and communications via the internet. Law changes were enacted in 2008, most notably the Copyright (New Technologies) Amendment Act.[9] These changes were influenced by media corporations and aligned organisations (RIANZ, APRA, Artists Alliance, NZSA, AIPA, NZIPP, etc.), but opposed by New Zealand artists,[10] technology specialists,[11] ISPs,[12] businesses,[13] media commentators,[14] librarians[15] and members of the public.[16] The nature of the law changes attracted attention internationally.[17] Prime Minister John Key stated that the stronger copyright laws, including the controversial section 92a, were required for New Zealand to be able to negotiate a free trade agreement with the United States.[18]

In February 2010, a Bill repealing section 92a of the Act was introduced to parliament, replacing it with a three notice regime for copyright infringement via file sharing.[19] The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to $15,000.[20] The notice regime took effect on 1 September 2011.[21]

In 2013, the Copyright Tribunal decided 17 cases pertaining to illegal file sharing. In all 17 cases, the applicant was the Recording Industry Association of New Zealand (RIANZ) taking action on behalf of the copyright holders against individual Internet account holders.[22] None of the account holders were infringing on a commercial scale for profit. In most cases the infringement concerned the uploading of music using BitTorrent file-sharing protocols.[23]

See also edit

References edit

  1. ^ "Copyright Act 1994". New Zealand Government. 1 December 2008.
  2. ^ "Government launches review of the Copyright Act 1994". The Beehive. Retrieved 21 January 2020.
  3. ^ NZ Government (8 July 2020). "Review of the Copyright Act 1994". Ministry of Business, Innovation and Employment (MBIE). Wellington, New Zealand. Retrieved 16 December 2020. Publication date shown is the page last modified date at the time of access.
  4. ^ a b c "Copyright protection in New Zealand | Ministry of Business, Innovation & Employment". www.mbie.govt.nz. Retrieved 21 January 2020.
  5. ^ "A look at the rights in cultural heritage collections". natlib.govt.nz. Retrieved 20 August 2020.
  6. ^ "New Zealand secures historic free trade deal with the United Kingdom". The Beehive. Retrieved 21 October 2021.
  7. ^ "Explainer: New Zealand - United Kingdom FTA Agreement in Principle". The Beehive. 21 October 2021. from the original on 21 October 2021. Retrieved 22 October 2021.
  8. ^ "Digital Technology and the Copyright Act 1994: A Discussion Paper". MED. July 2001.
  9. ^ "Section 92a of the Copyright Act". New Zealand government.
  10. ^ . Creative Freedom NZ. Archived from the original on 27 February 2009. Retrieved 17 January 2009.
  11. ^ Wallace, Brenda (12 November 2008). "Say good bye to freedom on the internet - was nice while it lasted". Archived from the original on 6 December 2008. Retrieved 17 January 2009.
  12. ^ Keall, Chris (21 January 2009). . Archived from the original on 22 January 2009. Retrieved 22 January 2009.
  13. ^ . Creative Freedom NZ. Archived from the original on 24 July 2011.
  14. ^ Jackson, Colin (7 October 2008). "Ministers: why we changed the Copyright Act".
  15. ^ . Computerworld. 20 January 2009. Archived from the original on 27 February 2009. Retrieved 21 January 2009.
  16. ^ Pilcher, Pat (13 January 2009). "Is the new copyright law a lose-lose proposition?". New Zealand Herald.
  17. ^ Gibbs, Mark (20 February 2009). . ComputerWorld. Archived from the original on 2 March 2007. Retrieved 9 July 2019.
  18. ^ . stuff.co.nz. NZPA. 24 February 2009. Archived from the original on 27 February 2009. Retrieved 24 February 2009.
  19. ^ Power, Simon (23 February 2010). "Section 92A bill introduced to Parliament today".
  20. ^ "NZ Copyright Infringement Regime – Illegal File Sharing". LawDownUnder. 30 January 2013.
  21. ^ Walls, Alex (4 August 2011). . Archived from the original on 2 April 2012. Retrieved 10 August 2011.
  22. ^ "Copyright - New Zealand Ministry of Justice". www.justice.govt.nz.
  23. ^ . LawDownUnder. 28 December 2013. Archived from the original on 31 January 2016. Retrieved 28 December 2013.

External links edit

  • Copyright Council of New Zealand
  • Copyright Licensing New Zealand (CLNZ)
  • NZ Government landing page for copyright law reform

January 01, 1970
copyright, zealand, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, july, 2. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Copyright law of New Zealand news newspapers books scholar JSTOR July 2021 Learn how and when to remove this message The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments 1 It is administered by Business Law Policy Unit of the Ministry of Business Innovation and Employment MBIE In June 2017 a review of the existing legislation was announced 2 3 New Zealand is party to several international copyright agreements including the TRIPS Agreement 1994 the Berne Convention 1928 and the Universal Copyright Convention 1952 Contents 1 Scope of copyright 2 Copyright works 3 Copyright term 4 Exclusions and fair dealing 5 Moral rights 6 New technologies amendments 7 See also 8 References 9 External linksScope of copyright editThe Copyright Act 1994 provides owners of original work with a monopoly to control the use and dissemination of their work The owner of the copyright in a work has the exclusive right to exploit the economic rights A person infringes copyright in a work when he or she other than pursuant to a copyright licence does any of the following restricted acts either in relation to the work as a whole or any substantial part of it 4 copying the work publishing issuing or selling copies to the public performing playing or showing the work in public broadcasting the work making any work derived or adapted from the copyright work Anyone who wants to use someone else s work requires the permission of the right owner The copyright owner can assign transfer and license the economic rights in the work Copyright works editCopyright automatically applies no registration required to original works in the following categories 4 Literary works novels poems song lyrics computer programming programmes compilations of data Dramatic works scripts for films or plays Artistic works paintings plans maps photographs sculptures models buildings Musical works scores and arrangements Sound recordings of musical literary or dramatic works Films Broadcasts radio TV cable Typographical arrangement of published editions this exists independent of copyright in the published work if any Copyright does not apply to certain government works such as Acts of Parliament Regulations Parliamentary debates Court judgments and reports of Select Committees Royal Commissions Commissions of Inquiry etc Copyright term editCopyright protection does not last forever The duration of copyright protection depends on the type of work The work will eventually be out of copyright there is no concept of public domain in New Zealand legislation 5 This means that once copyright has expired everyone can freely use the work Before such time permission of the rights holder is required to use a copyrighted work New Zealand s copyright term is largely consistent with other countries and complies with the WIPO standard The copyright term depends on the type of work in question Here are some examples 4 Literary dramatic musical and artistic works 50 years from the death of the author Sound recordings and films 50 years from when it is available to the public Broadcasts and cable 50 years from broadcast Typographical arrangements 25 years from first publishing Computer generated work 50 years after being made Crown copyright 100 years Artistic works industrially applied 16 years from when the work is applied Artistic craftsmanship industrially applied 25 years from when the work is applied In October 2021 the New Zealand government reached a free trade agreement with the United Kingdom 6 This agreement includes a provision to extend the copyright term by 20 years for authors performers and producers to be implemented within 15 years 7 Exclusions and fair dealing editThe Copyright Act allows for certain permitted acts to be exempted from copyright restrictions These include fair dealing for the purpose of criticism review news reporting research or private study certain educational purposes time shifting of TV programmes for viewing at a later time format shifting of music back up of computer programs braille copies of literary or dramatic worksMoral rights editBesides protecting the economic rights of the author copyright law also protects the moral rights of an author Moral rights protect the author from distortion mutilation or other modification of the work where that act would be or is prejudicial to the reputation of the author Moral rights are inalienably attached to the author and cannot be transferred Some moral rights can however be waived Moral rights give the author for instance the right to be identified as the author right of attribution object to derogatory treatment of the work right of integrity not have work falsely attributed to themNew technologies amendments editIn 2001 8 the Ministry of Economic Development initiated a major review of copyright law in light of new technologies such as media in digital form and communications via the internet Law changes were enacted in 2008 most notably the Copyright New Technologies Amendment Act 9 These changes were influenced by media corporations and aligned organisations RIANZ APRA Artists Alliance NZSA AIPA NZIPP etc but opposed by New Zealand artists 10 technology specialists 11 ISPs 12 businesses 13 media commentators 14 librarians 15 and members of the public 16 The nature of the law changes attracted attention internationally 17 Prime Minister John Key stated that the stronger copyright laws including the controversial section 92a were required for New Zealand to be able to negotiate a free trade agreement with the United States 18 In February 2010 a Bill repealing section 92a of the Act was introduced to parliament replacing it with a three notice regime for copyright infringement via file sharing 19 The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to 15 000 20 The notice regime took effect on 1 September 2011 21 In 2013 the Copyright Tribunal decided 17 cases pertaining to illegal file sharing In all 17 cases the applicant was the Recording Industry Association of New Zealand RIANZ taking action on behalf of the copyright holders against individual Internet account holders 22 None of the account holders were infringing on a commercial scale for profit In most cases the infringement concerned the uploading of music using BitTorrent file sharing protocols 23 See also editFreedom of panorama in New Zealand List of countries copyright length Anti Counterfeiting Trade Agreement New Zealand Internet Blackout Pirate Party of New ZealandReferences edit Copyright Act 1994 New Zealand Government 1 December 2008 Government launches review of the Copyright Act 1994 The Beehive Retrieved 21 January 2020 NZ Government 8 July 2020 Review of the Copyright Act 1994 Ministry of Business Innovation and Employment MBIE Wellington New Zealand Retrieved 16 December 2020 Publication date shown is the page last modified date at the time of access a b c Copyright protection in New Zealand Ministry of Business Innovation amp Employment www mbie govt nz Retrieved 21 January 2020 A look at the rights in cultural heritage collections natlib govt nz Retrieved 20 August 2020 New Zealand secures historic free trade deal with the United Kingdom The Beehive Retrieved 21 October 2021 Explainer New Zealand United Kingdom FTA Agreement in Principle The Beehive 21 October 2021 Archived from the original on 21 October 2021 Retrieved 22 October 2021 Digital Technology and the Copyright Act 1994 A Discussion Paper MED July 2001 Section 92a of the Copyright Act New Zealand government Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation Creative Freedom NZ Archived from the original on 27 February 2009 Retrieved 17 January 2009 Wallace Brenda 12 November 2008 Say good bye to freedom on the internet was nice while it lasted Archived from the original on 6 December 2008 Retrieved 17 January 2009 Keall Chris 21 January 2009 ISPs New copyright law puts business in the gun scrap it Archived from the original on 22 January 2009 Retrieved 22 January 2009 Guilt Upon Accusation New Zealand Businesses Creative Freedom NZ Archived from the original on 24 July 2011 Jackson Colin 7 October 2008 Ministers why we changed the Copyright Act Now librarians come out against copyright law Computerworld 20 January 2009 Archived from the original on 27 February 2009 Retrieved 21 January 2009 Pilcher Pat 13 January 2009 Is the new copyright law a lose lose proposition New Zealand Herald Gibbs Mark 20 February 2009 New Zealand gets insane copyright law ComputerWorld Archived from the original on 2 March 2007 Retrieved 9 July 2019 Key We still need a new internet copyright law stuff co nz NZPA 24 February 2009 Archived from the original on 27 February 2009 Retrieved 24 February 2009 Power Simon 23 February 2010 Section 92A bill introduced to Parliament today NZ Copyright Infringement Regime Illegal File Sharing LawDownUnder 30 January 2013 Walls Alex 4 August 2011 Three strikes file sharing law coming sooner than you think Archived from the original on 2 April 2012 Retrieved 10 August 2011 Copyright New Zealand Ministry of Justice www justice govt nz Copyright Infringement File Sharing LawDownUnder 28 December 2013 Archived from the original on 31 January 2016 Retrieved 28 December 2013 External links editCopyright Council of New Zealand Copyright Licensing New Zealand CLNZ Creative Artists NZ Government landing page for copyright law reform Tohatoha Aotearoa formerly Creative Commons Aotearoa Retrieved from https en wikipedia org w index php title Copyright law of New Zealand amp oldid 1191402904, wikipedia, wiki, book, books, library,

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