Audiovisual copyright in NZ

CopyrightsCopyrightsand audio-visual and audio-visual worksworks

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Copyright Copyright regulates the regulates the technology of technology of copyingcopying

1700s, England

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Statute of Anne, 1709Statute of Anne, 1709

““Printers, Booksellers, and other Printers, Booksellers, and other Persons, have of late frequently taken Persons, have of late frequently taken the Liberty of Printing, Reprinting, and the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, Publishing… Books, and other Writings, without the Consent of the Authors or without the Consent of the Authors or Proprietors of such Books and Writings, Proprietors of such Books and Writings, to their very great Detriment, and too to their very great Detriment, and too often to the Ruin of them and their often to the Ruin of them and their Families….Families….

“…“…For Preventing therefore such For Preventing therefore such Practices for the future, and for the Practices for the future, and for the Encouragement of Learned Men to Encouragement of Learned Men to Compose and Write useful Books…”Compose and Write useful Books…”

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katphotos

“…“…for the Term of fourteen Years to for the Term of fourteen Years to Commence from the Day of the First Commence from the Day of the First Publishing the same, and no longer.”Publishing the same, and no longer.”

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tomislavmedaktomislavmedak

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befuddledsensesbefuddledsenses

Each new Each new technology has technology has meant changes to meant changes to the law the law

Our NZ law is Our NZ law is based on the UK based on the UK lawlaw

Audio-visualAudio-visual works have four works have four categories in the categories in the lawlaw

PhotographsPhotographsAnything where an image is produced Anything where an image is produced by recording light or other radiation on by recording light or other radiation on media, but excluding filmmedia, but excluding film

Sound Sound recordingsrecordingsWhere sound can be reproduced Where sound can be reproduced including the recording of a literary, including the recording of a literary, dramatic or musical workdramatic or musical work

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FilmFilmAny recording on a medium from Any recording on a medium from which a moving image can be which a moving image can be producedproduced

Communication Communication worksworksIncluding any wireless broadcast, Including any wireless broadcast, cable transmission or internet cable transmission or internet streaming of sounds and visual streaming of sounds and visual images for reception by the publicimages for reception by the public

Crown Copyright Crown Copyright is a fifth is a fifth categorycategorycovering works by Government covering works by Government departments, Parliamentary offices, departments, Parliamentary offices, Ministers and the MonarchMinisters and the Monarch

There are three There are three questions you need questions you need to answer:to answer:

1. When was it 1. When was it made? made?

3. Can others copy 3. Can others copy it? it?

2. Can you copy it? 2. Can you copy it?

Older materials Older materials have different have different copyright terms copyright terms

Published and Published and unpublishedunpublished photographs, photographs, sound recordings and film taken or sound recordings and film taken or completed before 1944 have no completed before 1944 have no copyright in New Zealand copyright in New Zealand

BroadcastsBroadcasts made before 1 made before 1 April 1963 have no copyright in New April 1963 have no copyright in New Zealand, (although a recorded copy Zealand, (although a recorded copy made after 1958 will still have made after 1958 will still have copyright)copyright)

Photographs after 1944: life + 50 yearsPhotographs after 1944: life + 50 years

Film and sound recordings after 1944: Film and sound recordings after 1944: 50 years from when made or made 50 years from when made or made available to the public available to the public

Communication works after 1963: 50 Communication works after 1963: 50 years from when first made available to years from when first made available to the publicthe public

Crown works after 1944: 100 years Crown works after 1944: 100 years from when madefrom when made

Copying of in-Copying of in-copyright works for copyright works for preservation preservation is only is only allowed by prescribed libraries and allowed by prescribed libraries and archives unless permission is given firstarchives unless permission is given first

Digital copying of in-Digital copying of in-copyright works for copyright works for preservation preservation has a different has a different set of rules from non-digital copyingset of rules from non-digital copying

the original item is at risk of loss, the original item is at risk of loss, damage, or destructiondamage, or destruction

the digital copy replaces the original the digital copy replaces the original itemitemthe original item is not accessible by the original item is not accessible by members of the public after members of the public after replacement by the digital copy (with replacement by the digital copy (with minor exceptions)minor exceptions)

it is not reasonably practicable to it is not reasonably practicable to purchase a copy of the original item.purchase a copy of the original item.

Prescribed libraries Prescribed libraries and archives and archives can place in-can place in-copyright digital copies on the the copyright digital copies on the the internet or provide them to users under internet or provide them to users under certain conditionscertain conditions

it has to be a lawfully obtained digital it has to be a lawfully obtained digital copycopy

users have to be informed about the users have to be informed about the legal limits on copyinglegal limits on copyingthe digital copy communicated cannot the digital copy communicated cannot be altered or modifiedbe altered or modified

the number of users accessing at a the number of users accessing at a time is no more than the copies time is no more than the copies originally bought or licensedoriginally bought or licensed

You cannot issue a You cannot issue a licencelicence for an in- for an in-copyright work copyright work unless you own the unless you own the copyrightcopyright

Works with expired Works with expired copyright can be copyright can be freely copied by freely copied by anyoneanyone

Check that out of Check that out of copyright works copyright works are are really in the public domain e.g. really in the public domain e.g. Trademarks, Privacy from 1993, Trademarks, Privacy from 1993, restorations and adaptationsrestorations and adaptations

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