Copyright only exists for a limited time
However, these restrictions don’t last forever. When the term of copyright expires, a work passes into the “public domain” and may then be freely used without the need for permission. This means a screenwriter could freely adapt a novel, or a collage artist could use another artists’ images, so long as the works are in the “public domain.” Having a rich public domain can help foster creativity and cultural richness, which is one of the main purposes of copyright laws!
Copyright duration rules in New Zealand
- Life of author plus 50 for most works: In New Zealand, copyright in literary, dramatic, musical and artistic works lasts for the life of the author plus fifty years from the end of the year in which the author dies. For a work of joint authorship, the fifty years runs from the death of the last surviving author.
- Sound recordings, films and communication works: Copyright in sound recordings and films expires fifty years from the end of the calendar year in which the sound recording or film was made, or was legitimately made available to the public – whichever is the later. Copyright in a communication work lasts for fifty years from the end of the calendar year in which it is first communicated to the public.
- Typographical works: Copyright in the typographical arrangement (i.e. the style, composition and general appearance) of a published edition lasts for 25 years from the end of the year of publication. This shorter period of copyright protection does not affect the duration of copyright in material contained in the published edition, such as stories, text and images. This is an important copyright right for publishers to understand and is often referred to as “publishers copyright.”
- Works covered by Crown copyright: Copyright protection for most material covered by Crown copyright lasts for 100 years from the end of the year in which the work was made. Crown copyright in typographical arrangements of published editions lasts for 25 years from the end of the year in which the work was made.
- Unknown authorship: Where authorship is unknown (and it’s not possible to ascertain the author’s identity by reasonable inquiry) copyright expires 50 years after the end of the calendar year in which the work was first made available to the public by an authorised act.
- Unpublished works predating the Copyright Act 1994: There are some complex rules in the Copyright Act that apply to certain works created before the Act came into force, particularly in regard to unpublished works. If the author of an unpublished work died before the end of 1994, then a special period of the life of the author plus 75 years will apply.
Copyright duration in other countries
The term of copyright protection is longer in some other countries, including Australia, Europe and the United States. In these countries the copyright term is generally 70 years from the end of the year in which the author dies. This means that even if a work is in the public domain in New Zealand it could still be under copyright protection in another country.
New Zealand’s “life + 50 years” copyright term may increase in the future to “life + 70 years” in order to align with other countries. This change will require a legislative change. Watch this space!