Copyrights Law in New Zealand

Copyright Law in New Zealand

New Zealand’s copyright law is governed by the Copyright Act 1994, which sets out the framework for protection of original works and rights of creators.

Key Points about Copyright Law in New Zealand:

1. Governing Legislation

Copyright Act 1994 (amended multiple times)

Administered by the New Zealand Intellectual Property Office (IPONZ).

2. What is Protected?

Copyright protects original works including:

Literary works (books, articles, software code)

Dramatic works

Musical works

Artistic works (paintings, drawings, photographs)

Films and sound recordings

Computer programs

Layouts of published editions

3. Automatic Protection

Copyright protection arises automatically on creation of the work.

No formal registration required.

4. Originality Requirement

The work must be original and show some degree of creativity.

5. Duration of Copyright

Generally, copyright lasts for:

Life of the author plus 50 years (for most works)

For anonymous or pseudonymous works, 50 years from publication

For films, 50 years from the year of creation or 50 years after publication

For sound recordings, 50 years from the year of recording or publication

6. Exclusive Rights of the Copyright Owner

Reproduction

Publication or communication to the public

Adaptation or translation

Public performance or display

Broadcasting or making available online

7. Moral Rights

Includes the right to:

Be identified as the author

Object to derogatory treatment of the work

Moral rights cannot be assigned but can be waived.

8. Fair Dealing Exceptions

Limited exceptions for fair dealing in:

Research or private study

Criticism or review

News reporting

Parody or satire

9. International Treaties

New Zealand is a party to several international copyright treaties:

Berne Convention

WIPO Copyright Treaty

TRIPS Agreement

This ensures mutual recognition of copyright with many other countries.

10. Enforcement

Infringement can lead to:

Civil remedies (damages, injunctions)

Criminal penalties (for commercial-scale piracy)

Cases are usually dealt with in civil courts.

Summary Table

AspectDetails
Governing LawCopyright Act 1994
ProtectionAutomatic on creation, no registration
Protected WorksLiterary, artistic, musical, films, sound recordings, software
DurationLife + 50 years (general)
Moral RightsRight of attribution and integrity
ExceptionsFair dealing for research, review, news, parody
International TreatiesBerne, WIPO, TRIPS
EnforcementCivil and criminal penalties

If you want, I can help with practical steps on protecting your copyright in New Zealand or more details about fair dealing and enforcement!Copyright Law in New Zealand

New Zealand’s copyright law is governed by the Copyright Act 1994, which sets out the framework for protection of original works and rights of creators.

Key Points about Copyright Law in New Zealand:

1. Governing Legislation

Copyright Act 1994 (amended multiple times)

Administered by the New Zealand Intellectual Property Office (IPONZ).

2. What is Protected?

Copyright protects original works including:

Literary works (books, articles, software code)

Dramatic works

Musical works

Artistic works (paintings, drawings, photographs)

Films and sound recordings

Computer programs

Layouts of published editions

3. Automatic Protection

Copyright protection arises automatically on creation of the work.

No formal registration required.

4. Originality Requirement

The work must be original and show some degree of creativity.

5. Duration of Copyright

Generally, copyright lasts for:

Life of the author plus 50 years (for most works)

For anonymous or pseudonymous works, 50 years from publication

For films, 50 years from the year of creation or 50 years after publication

For sound recordings, 50 years from the year of recording or publication

6. Exclusive Rights of the Copyright Owner

Reproduction

Publication or communication to the public

Adaptation or translation

Public performance or display

Broadcasting or making available online

7. Moral Rights

Includes the right to:

Be identified as the author

Object to derogatory treatment of the work

Moral rights cannot be assigned but can be waived.

8. Fair Dealing Exceptions

Limited exceptions for fair dealing in:

Research or private study

Criticism or review

News reporting

Parody or satire

9. International Treaties

New Zealand is a party to several international copyright treaties:

Berne Convention

WIPO Copyright Treaty

TRIPS Agreement

This ensures mutual recognition of copyright with many other countries.

10. Enforcement

Infringement can lead to:

Civil remedies (damages, injunctions)

Criminal penalties (for commercial-scale piracy)

Cases are usually dealt with in civil courts.

Summary Table

AspectDetails
Governing LawCopyright Act 1994
ProtectionAutomatic on creation, no registration
Protected WorksLiterary, artistic, musical, films, sound recordings, software
DurationLife + 50 years (general)
Moral RightsRight of attribution and integrity
ExceptionsFair dealing for research, review, news, parody
International TreatiesBerne, WIPO, TRIPS
EnforcementCivil and criminal penalties

 

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