How to Stay Copyright Compliant

How to Stay Copyright Compliant

It can be difficult to stay copyright compliant when we have such easy access to images, texts and other materials and it’s not always clear whether the materials are protected by copyright. Here’s a simple guide for how to stay compliant and avoid copyright infringement when using other people’s materials: 
The first step is to identify the source of the material and whether copyright law applies. 
For more information see the fact sheets “How does Copyright Arise” and “Where Copyright Does Not Apply.” You’ll need to consider:
  1. Does the material fall into one of the protected categories of work?
  2. Remember copyright does not protect ideas or information.
  3. Generally names, titles and headlines, short stand-alone texts are not protected by copyright.
It’s possible that the copyright material can be used without gaining permission from the copyright owner when:
  1. You are using less than a “substantial part”. This depends on the quality and quantity of what is to be taken in relation to the whole work. If there is any doubt it is best to seek permission anyway. See the fact sheet “Infringement of Copyright.”
  2. The copyright protection duration has expired. See the fact sheet “Duration of Copyright.”

Check whether permissions already exist

If you want to use a “substantial part” of a work that is still within its copyright protection period, the next step is to check whether the material is subject to any “free licence” or “Creative Commons” permissions. These types of licences can allow you to freely use material in certain ways. For more on these types of licences see the fact sheet “Material on the Internet.”
If you are working for an organisation that has a copyright licence with a copyright collective, it is possible that your intended use is covered under that licence. This means that you do not need to get permission directly from the copyright owner. The following organisations are copyright collectives: 
  1. Copyright Licensing New Zealand (CLNZ), which represents authors and publishers in providing licences to institutions that reproduce copyright material from books and journals. 
  2. Australasian Performing Right Association (APRA), which represents songwriters and music publishers in providing licences to broadcast and publicly perform music in public, such as in shops, restaurants and other businesses. 
  3. Recorded Music NZ which represents artists and recording labels in providing licences to broadcast and publicly perform sound and video recordings. 
  4. OneMusic which provides efficient blanket licences to music users, providing legal access to use music in all its forms. A joint initiative between APRA and PPNZ. 
  5. Screenrights, which represents copyright owners in film, television and radio in providing licences film, television and radio works for use by educational institutions. 
  6. Playmarket, which represents copyright owners in plays in providing performance licences. 
Check the terms of the licence to ensure it covers your proposed use. You will need permission from the copyright owner if you want to use the work in a way that is outside the scope or purpose of the licence.

Consider whether exceptions apply

If no existing permissions apply, consider whether any exceptions apply that would allow you to use materials without permission. The legal exceptions from infringement are often called “copyright exceptions” or “permitted uses”. These are found in Part 3 of the Copyright Act 1994, and can be summarised as:
  1. Fair dealing: this exception applies to users engaged in news reporting, criticism, writing reviews, research or private study. The fair dealing exceptions are explored further in the [Fair Dealing] fact sheet.
  2. Exceptions for certain institutions or users: these are limited exceptions that apply in the educational context, for libraries and archives, and in public administration. 
  3. Exceptions for specific circumstances: there are a number of other exceptions that can also apply. These include: 
    1. if the copying is “incidental” or “transient”, meaning that the copying was not deliberate.
    2. if a person does a public reading of a work (with acknowledgement of the author!).
    3. If a person takes a photo, or records in some other way, a building or public artwork. 
These exceptions are discussed further in the “Miscellaneous Permitted Uses” fact sheet.
Finally, if there are no existing permission or exceptions that apply, or if you want to use the material for a purpose outside of an existing permission, you’ll need to contact the copyright owner to seek permission. Remember, the creator of the copyright work might now be the copyright owner. For more information see the fact sheet “Ownership of Copyright”.
Here are some tips for when you can’t immediately identify the copyright owner:
  1. For published works, contact the publisher in the first instance. Even if the publisher does not own the copyright, they can often tell you who you need to contact.
  2. Reach out to collective management organisations (such as CLNZ) and professional associations of creators as they’re a great source of information.
  3. Investigate copyright information on websites and other sources. Be aware that search engines do not own the images found when using them and the image may not have been made available online by the creator of the image. If you are seeking to publish an image you have found online, pay particular attention to correctly identifying the correct copyright owner.
  4. When looking to use an older works where the author is unknown, is it reasonable to assume copyright has expired or that the author died more than 50 years ago. (See Copyright Act 1994, section 67).
When seeking permission, you should:
  1. Determine which rights you require.
  2. Request permission in writing.
  3. Keep a record of all communications.
For more information on how to seek permission, see the fact sheets “When You Need to Ask Permission” and “How to Get Permission.”