Creative Rights Articles
Māori Intellectual Property
In 2023 Copyright Licensing New Zealand engaged a leading law firm in Māori intellectual property to articulate principles to guide authors, publishers, and visual artists in engagement with Mātauranga Māori (knowledge, wisdom, understanding, and ...
Publishing Your Work
Publishing contracts Often in submitting your work for publication, you may be required to sign a publishing contract. It is important to read the contract carefully and consider what rights it is asking you to give to the publisher and how this will ...
Using Other People's Material
As a creative you will often look to the work of other writers, artists, filmmakers or musicians for inspiration, to integrate into your own works, or as material that you want to perform. You might want to include someone’s song into your short ...
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 ...
Material on the Internet
It can be tempting to take material from the internet and use it without thinking about copyright. But it’s best not to because you can’t assume that all material found on the internet is free for everyone to use as they wish. Any work that is ...
Where Copyright Does Not Apply
Using less than a substantial part Copyright issues do not arise unless you are using a “substantial part” of a copyright work. For more information see the “Infringement of Copyright” fact sheet. Generally names, titles and headlines are not ...
What to do if your Copyright is Infringed
Seek legal advice It is generally a good idea to get legal advice if you think your copyright has been infringed. You may need advice about whether a “substantial” part of your work has been used and if the person who used your work may have done so ...
Importance of Copyright to Visual Artists and Authors
Copyright encourages creation Copyright protections serve as a powerful economic incentive for creators, spurring them to produce fresh and original content. In a society that places significant value on creative and intellectual resources, the aim ...
Miscellaneous Permitted Uses
This fact sheet discusses the permitted uses that fall outside fair dealing and the exceptions for particular institutions or users. For more information on those, take a look at the “ Exceptions to Copyright ” and “ Fair Dealing ” fact sheets. The ...
Whose story is it?
As artists, the world around us is full of inspiration and our relationships with people and the environment spark creativity. But is it all ok for me to use? As we create, we need to consider story sovereignty - who has the mana to tell the story? ...
What are my moral rights?
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 ...
Commissioning rule
First ownership default position When a creator makes something, the general rule under the Copyright Act 1994 is that they are the first owner of the copyright in the work. The commissioning rule However, where someone commissions (and agrees to ...
How to Get Permission to Use a Copyright Work
Permission to use copyright material in ways that are otherwise restricted are also known as “licences” or “clearances”.They must be obtained from the copyright owner, or from someone they have authorised to give permission. This may include a ...
When You Need to Ask Permission
As a creative you will often look to the work of other writers, artists, filmmakers or musicians for inspiration, to integrate into your own works, or as material that you want to perform. You might want to include someone’s song into your short ...
Fair Dealing
Protections and exceptions Copyright law is all about the balance between protecting creators' rights and ensuring users have access to intellectual and creative content. The law attempts to achieve this balance in a variety of ways, such as limiting ...
Infringement of Copyright
In general, copyright is infringed if a person does any of the restricted acts listed in the Copyright Act 1994 in regard to someone else’s copyright, without the owner’s permission. If you think your copyright may have been infringed, first read ...
Copyright and national jurisdictions
New Zealand law, through the Copyright Act 1994 and various court decisions, determines the rules that apply to use of copyright material in this country. Use of material outside New Zealand is governed by the copyright rules in the country where it ...
Contracts Dealing with Copyright
Copyright rules can be varied by agreement The operation of copyright in New Zealand is all set out in the Copyright Act 1994. However, many of the default rules in the Act can be modified by agreement. Modifications will commonly be agreed through a ...
Exceptions to Copyright
Copyright law is all about the balance between protecting creators' rights and ensuring users have access to intellectual and creative content. The law attempts to achieve this balance in a variety of ways, such as limiting the period of copyright ...
Duration of Copyright
Copyright only exists for a limited time During the term of copyright, anyone who wishes to copy, adapt or do another “restricted act” in relation to someone else’s copyrighted work, generally needs to ask for permission unless a copyright exception ...
Ownership of Copyright
First ownership When a creator makes something, they are usually the first owner of the copyright in that work. In the Copyright Act, the creator is referred to as the “author” of the work (even for non-written works). The rights belong to the author ...
What Rights Do Visual Artists and Writers Have in Their Work?
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 ...
How Does Copyright Arise?
Automatic protection for material expression The great thing about copyright is that the protection arises automatically once an original work is written down or recorded in some way, such as on paper, on canvas or in digital form, including on the ...
Copyright's Purpose
Copyright law is all about the sweet spot between protecting creators' rights and ensuring material can be shared when it’s in the public interest to do so, so that other users can have access to intellectual and creative content. Copyright ...
What is Copyright?
Copyright is a legal protection granted to the creators of original literary, artistic, musical and other creative works. Copyright is one of the most significant legal rights an author or visual artist has, as it lets them decide how their work will ...
How can I copyright my work?
Copyright applies automatically to the types of creative works included in its scope. This means you do not need to apply for copyright or register your work. However, it can be useful to use the copyright symbol or include a copyright statement in ...
Do I need to use the copyright symbol on my work?
No - copyright protection applies automatically when a qualifying work is created. This means you don’t need to register the work or use the copyright symbol © on your work. However, the copyright symbol can be used to remind others that the work is ...
What does copyright protect?
Copyright in New Zealand protects a wide range of creative works, including literary and dramatic works, music, art, films and sound recordings. Essentially, any original expression fixed in a tangible form can be protected by copyright. It's crucial ...