Copyright Act 1994 | |
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New Zealand Parliament | |
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Royal assent | 15 December 1994 |
Commenced | 1 January 1995 |
Amended by | |
Copyright Amendment Act 1997 Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 Contents
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Status: Current legislation |
The Copyright Act 1994 is an Act of Parliament passed in New Zealand that, along with its various amendments, governs copyright in New Zealand. It is administered by Intellectual Property Policy Unit of the Ministry of Business, Innovation and Employment. [1]
Copyright law grants the owner of the copyright exclusive rights to certain restricted acts, which include the following. [1]
Copyright automatically applies (no registration required) to original works in the following categories. [1]
Copyright does not apply to certain government works, such as Acts of Parliament, Regulations, Parliamentary debates, Court judgements and reports of Select Committees, Royal Commissions, Commissions of Inquiry, etc.
The copyright term is largely consistent with other countries, although it has not increased from 50 to 70 years as in Europe and the United States, and varies with the category of the work. [1]
The Act allows for certain permitted acts to be exempted from copyright restrictions.
The copyright act also provides moral rights for the author. These attach to the author, and are not transferred by contract as economic rights can be. Moral rights give the author the right;
In 2001, [2] the MED initiated a major review of copyright law, in light of new technologies, such as media in digital form and communications via the internet.
Law changes were enacted in 2008, most notably the Copyright (New Technologies) Amendment Act. [3] These changes were influenced by media corporations and aligned organisations (RIANZ, APRA, Artists Alliance, NZSA, AIPA, NZIPP, etc.) but opposed by New Zealand artists, [4] technology specialists, [5] ISPs, [6] businesses, [7] media commentators, [8] librarians [9] and members of the public. [10] The nature of the law changes attracted attention internationally. [11]
The New Zealand Prime Minister, John Key, stated that the stronger copyright laws, including the controversial section 92a, were required for New Zealand to be able to negotiate a free trade agreement with America. [12]
In February 2010, a Bill repealing s92a was introduced to parliament, replacing it with a three notice regime for copyright infringement via file sharing. [13] The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to $15,000. [14] The notice regime took effect on 1 September 2011. [15]
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software. This article primarily focuses on topics particular to software.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
Recorded Music NZ is a non-profit trade association of record producers, distributors and recording artists who sell recorded music in New Zealand. Membership of Recorded Music NZ is open to any owner of recorded music rights operating in New Zealand, inclusive of major labels, independent labels and self-released artists. Recorded Music NZ has over 2000 rights-holders.
The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.
The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC.
Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.
The Copyright Amendment Act 2008 was an act passed by the New Zealand Parliament amending the Copyright Act 1994. It received Royal Assent on 11 April 2008.
The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments. It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.
The Copyright Act 1911, also known as the Imperial Copyright Act of 1911, was an Act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in the UK and the British Empire. The act amended existing UK copyright law, as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.
The New Zealand Internet Blackout was an online protest spearheaded by the Creative Freedom Foundation NZ against changes to copyright law in New Zealand, most notably Section 92A of the Copyright Amendment Act.
Copyright law in Thailand governs the legally enforceable rights of creative and artistic works under the Copyright Act BE 2537 (1994). Copyright is automatically protected for 50 years after the death of a known author or 50 years after publication in the case of an unknown author. It does not need registration; however, it can be filed with the Department of Intellectual property (DIP). Disputes are first heard in the Intellectual Property and International Trade Court.
The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. As of March 2019 a major amendment to the law in the Copyright Amendment Bill has been approved by the South African Parliament and is awaiting signature by the President.
The Right to Make Transmittable is one of several rights granted to the creators of creative works by Japanese copyright law. The law defines copyright not as a single comprehensive right but as a bundle of various rights including right of reproduction, right of performance, right of screen presentation and right of public transmission.
The Copyright Amendment Act 2011 is an Act of the Parliament of New Zealand which amends the Copyright Act 1994.