Copyright law gives visual artists and writers a set of exclusive rights that allow them to control how their work can be used. The term “creators” is used through this article to refer to both visual artists and writers.
Economic rights
The first group of rights are referred to as “economic rights” because they provide creators with the potential to make money from their work. These rights are all set out in
section 16 of the Copyright Act 1994
and can be summarised as:
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The Reproduction Right
: This is the right to make copies of a work, whether in print or digital form (for example, by photocopying it, copying it by hand, reciting it onto an audio device, digital scanning or any other means).
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The Distribution Right
: This is the right to distribute, sell or share copies of the work to the public (often called the “publishing right”).
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The Public Performance Right
: This is the right to perform, play, show or otherwise communicate the work in public (this could include performing in a theatre, displaying in an art gallery, sharing on the radio or TV, or making a work available online).
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The Adaptation Right
: This is the right to adapt the work by creating derivative works, translating the work, or remixing the original work (this could include translating a poem from one language to another, converting a novel into a film script, or using an artists’ photograph in a new artwork) and do any of the above activities in relation to an adaptation.
Exercising economic rights
The creator of a work can choose to retain all these rights for themself or give them to another person. The rights can be transferred to another person through a sale, a licence or given freely with
permission
of the creator.
From a content user’s point of view, the exclusive copyright rights in relation to a work are often referred to as “restricted acts”. Anyone who wants to copy or do any of the “restricted acts” in relation to someone else’s copyrighted work generally needs to ask for permission , unless a
copyright exception
applies.
Did you know you can store contracts and documents, as well as the details of commissions and collaborations in
Catalogue? If you don't have a formal contract, you can store a copy of an email detailing your agreement here too!
Duration of copyright
The general rule in New Zealand is that copyright in works, such as written and artistic works, lasts for the life of the creator plus fifty years from the end of the year in which the creator dies. There’s some exceptions to this general position, which you can read more about in the comprehensive
“Duration of Copyright” fact sheet
Moral rights
Alongside economic rights, the second group of rights a creator has in their work are known as “moral rights”. Moral rights aim to protect the integrity of the work and the creator’s reputation. These rights are all set out in Part 4 of the Copyright Act 1994 and can be summarised as:
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The Right of Attribution:
this is the right for creators to be identified and named as the author of their work.
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The right against false attribution:
this is the right to prevent others from being identified and named as the author of your work or being credited as the author of someone else's work.
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The right of integrity:
this is the right to object to derogatory treatment of your work.
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The right to privacy in certain photographs and films:
this right is different to the other moral rights, as it doesn’t belong to the creator of a work. Instead, it is a right belonging to a person who commissions a photograph or film for private purposes (such as wedding photos or family videos) but who doesn’t own copyright in the works. The person commissioning the work has a right of privacy which gives them control to have the work published or distributed publicly. This is also discussed in the “Commissioning rule” fact sheet.
Exercising moral rights
Moral rights arise automatically when a work is created. However, to enforce their moral rights, a creator must actively assert their right of attribution. This means that a creator needs to require a person to identify them as the author. For writers, this is often done by including a moral rights statement on the imprint page of a book.
Moral rights cannot be transferred to another person, even if copyright in that same work is transferred or if copyright is owned by the creator’s employer. This is because moral rights are about the personal relationship the creator has with their work.
Duration of moral rights
The rights of attribution, integrity and of privacy in certain photos and films, lasts for the duration of the copyright protection for the work. However, the right against false attribution only lasts for 20 years after the death of the creator.
The above is a summary of the most important aspects of moral rights. For more information, check out the comprehensive “Moral Rights” fact sheet.
If you have questions about your creative rights, get in touch with our experienced legal advisors through
Legal Service.