For more information on copyright protection in New Zealand, contact the Intellectual Property Policy Group. So, can I make a copy for my car, or a compilation dance CD for a party? That`s right. But only one. Making more than one copy is a copyright infringement. And you certainly can`t sell the copy or lend it to third parties. Any copy you make must be for your use only. I saw CC, what is it? CC stands for Creative Commons. It`s a simple form of copyright that copyright holders can use if they don`t mind some people using their work. Usually, this means you can use their work (like citing an article or sampling music) as long as it`s not for profit. But as always, check before use. For more information, see www.creativecommons.org.nz. Movies: Recordings on any medium from which moving images can be produced by any means, including video cassettes (such as VHS or BETA recordings), celluloid prints, versatile digital data carriers (DVDs), video CD recordings (VCDs), and movies stored on other types of computer discs. The images of a film are protected separately from the copyrights contained in the script or the accompanying sound recording.
In 2001,[8] the Department of Economic Development launched a comprehensive copyright review in light of new technologies such as digital media and Internet communications. In 2008, legislative amendments were adopted, including the Copyright (New Technologies) (Amendment) Act. [9] These changes were influenced by media companies and affiliated organisations (RIANZ, APRA, Artists Alliance, NZSA, AIPA, NZIPP, etc.), but were 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 amendments to the Act has attracted international attention. [17] Prime Minister John Key has stated that stricter copyright laws, including the controversial Section 92a, are necessary for New Zealand to negotiate a free trade agreement with the United States. [18] In the United States, a party may justify using your copyrighted material for critical purposes, commenting (including satire), news coverage, education, and research. But there is no clear line test for this, and each situation must be considered on a case-by-case basis. The determination of fair use is subject to consideration of the nature, purpose, quantity, materiality and impact of the use on the potential market and value of the original. Warning: The ISP will issue a warning to the account holder if another alleged infringement occurs against the same copyright owner at least 28 days after the date of notification of detection. The warning must be issued before the 9-month identification notification expires.
In February 2010, a bill was submitted to Parliament to repeal section 92a of the law, which was replaced by a system of three notifications of copyright infringement through file-sharing. [19] The Bill also provides for the Copyright Court to hear complaints and impose penalties of up to $15,000. [20] The cancellation regulation came into force on 1. September 2011. [21] Modern copyright law originated in England in 1709 with a law known as the Statute of Anne, which granted authors the exclusive right to print books for a limited period of time. Since then, copyright laws have been introduced in most countries of the world, and along with significant technological advances, copyright laws have been gradually developed and updated to adapt to modern times. The Intellectual Property Office of New Zealand (IPONZ) also has information on copyright protection: for a work or type of material to be protected by copyright, 4 conditions must generally be met: you can license to others under your copyright or sell your copyright to someone else. While fair dealing in New Zealand explicitly describes the permitted use of copyrighted material, fair dealing in the United States uses a number of principles to determine whether the unauthorized use is “fair”.
The terms are similar, but reflect two different decision-making frameworks for determining eligible exceptions to a copyright owner`s copyright. New Zealand`s copyright law is clear about what can and cannot be copied, but many people are not familiar with the rules. We answer frequently asked questions about copyright and file sharing. 4. Copyright lasts more than a lifetime. In New Zealand, copyright in literary, dramatic, artistic and musical works exists during the life of the creator of the material and up to 50 years after his death. Sound recordings: Recordings or recordings of sounds or literary, dramatic or musical works from which sounds can be reproduced. A recording is protected separately from the copyright that may exist in the registered work.
Generally, the licensee must pay the copyright owner for the use of the copyrighted work. Copyright protection does not last forever. The term of copyright protection depends on the nature of the work. The work will eventually no longer be protected by copyright (there is no notion of public domain in New Zealand law). [5] This means that after copyright expires, anyone can freely use the work. Prior to this date, the permission of the copyright holder is required to use a copyrighted work. New Zealand`s copyright deadline is broadly in line with that of other countries and in line with the WIPO standard. The duration of copyright depends on the type of work. Here are some examples: [4] Copyright protection arises automatically when an original work is written or recorded in any way, such as on paper, canvas or digital form. Copyright applies to a wide range of materials and applies to works available in print or digital form. The categories of works protected by copyright are: literary, dramatic, musical and artistic works; the typographical presentation of the published editions; Records; Movies; and communication functions (e.g. television/radio and Internet broadcasts).
On September 1, 2011, an amendment to the Copyright Act 1994 came into force. The amendment gives copyright owners the ability to take enforcement action against anyone who infringes copyright through file-sharing. Fair dealing (or “fair use” in some parts of the world) is a key concept in copyright. It allows anyone to use copyrighted material in certain ways where you would otherwise need permission from the copyright owner. In New Zealand, the following uses are permitted. In addition to fair dealing allowances, employees of educational institutions may copy materials for educational purposes, a provision described elsewhere in these pages. Automatically created with original works such as artwork, books, websites, computer programs, drawings, plays, movies, music and sound recordings. You can use the symbol © to prove that you claim copyright in a particular work, but you don`t have to. The change does not apply to other activities, including email or streaming on sites such as YouTube. (However, access to copyrighted works by such methods may also infringe copyright and fall within the scope of other provisions of the Act.) As soon as the copyright in a work expires, the work falls into the public domain and can be used freely.
According to the law, copyright protection is automatic when an original work is created. You do not need to register the work as there is no formal copyright registration system in New Zealand. However, reprints or publications of this material by non-governmental organizations may give rise to copyright. Want to know how copyright applies to you? How do I dispute a cancellation? A “dispute form” is attached to each breach notification sent by the ISP. You must complete it and return it to the ISP within 14 days of the date of notification of the infringement. The ISP must then immediately forward it to the copyright holder. The Copyright Court may also find claims of copyright infringement due to illegal file sharing under sections 122A to 122U of the Copyright Act 1994. Under the following links you will find useful general explanations and concrete examples from case law. Some of them relate to other countries, and there will be differences from New Zealand law, but they illustrate the factors that courts would likely take into account in determining whether a use was fair or not. And it is true that decisions in similar jurisdictions affect interpretation in New Zealand cases. In 2013, the Copyright Court ruled on 17 cases related to illegal file-sharing. In all 17 cases, the plaintiff was the Recording Industry Association of New Zealand (RIANZ), which acted on behalf of copyright owners against individual Internet account holders.
[22] None of the account holders engage in commercial violations aimed at making a profit. In most cases, the offense involved downloading music using BitTorrent file-sharing protocols. [23] The Copyright Act, 1994 gives owners of original works a monopoly on controlling the use and distribution of their works. 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, except under a copyright license, they perform any of the following “restricted acts” either in respect of the work as a whole or in respect of a “substantial part” of it:[4] We answer common questions about copyright and file sharing.