Copyright Terms Summary
Getting permission to use copyright material
To use other peoples works in a work of your own, copyright clearance or permission is needed. This can be obtained from the creator of the work or the person who currently holds the copyrights to a work.
Permission is not required in a handful of situations. these can inclued:
-If an insubstantial part of a piece of work is used. This varies on a case by case basis, but unless the work sampled is considered "an important, distinctive or essential part" then copyright is not likely to apply.
-If the copyright of a work has expired. A copyright in New Zealand will last 50 years after the death of the creator of the work.
Copyright is also not needed if the work is being used for private research or study, Is being used in a critical or review like manner, for educational purposes or if the work is being used for public administration
Licenses with copyright collectives can also override the need to gain copyright directly from the creator of a work. Instead you apply to the collective to get the rights to use that work. several of these collectives include:
Copyright Licensing New Zealand, who deal with copyrights surrounding books, journals and written works.
The Australasian Performing Right Association covers music and the rights of songwriters and performers, as well as the distribution and broadcasting of these copyrighted works.
Recorded Music NZ covers broadcasting rights to publicly show songs and videos.
OneMusic, which provide rights to businesses who wish to broadcast music in the likes of stores etc
Screenrights, which cover the rights needed to display Television, Film and radio in a public setting.
Acknowledging Artists is not considered an adequate way through avoiding copyright laws. The defense of being unable to find a creator to credit is also not sufficient as a defense
Infringement of Copyright
Infringement of a copyrighted work is defined as using all or a substantial part of a previous work without the permission of its creator or a copyright holder.
If a similarity between two works is merely coincidental then this does not infringe copyright laws. unless it can be proved that a substantial amount of work has been directly copied it cannot be proven
A person who enables and authorizes another person to infringe copyright will also be held accountable for infringing copyright laws.
As well as copying aspects of a work, Copyright infringement in New Zealand also covers
-selling or showing copyright infringing works in a public setting
-Importing works that infringe Copyright into the country
- Importing films within 9 months of the working being made available anywhere in the world, unless it is for the personal private use of the importer.
Holders of copyright can get advice from several organisations such as APRA, CLNZ or Recorded Music NZ if they believe their work is being copied illegally.
Then the copyright holder must decide what legal action they wish to pursue, and may have to contact the copyright infringer.
This can then lead to court action and criminal penalties against the copyright infringer/s if found guilty.
Moral Rights
The Moral rights of a copyrighted work will always belong to the creator of a work.
these rights include the right to be attributed as the creator of their works, the rights to not have works attributed to them in a false manner and the right to decline derogatory treatment of their works.
Literary, Dramatic, Musical, Artistic and Film works Moral rights are all protected in New Zealand, however Computer-related works and sound recordings are not protected for moral rights.
These rights have to be asserted by the creator of a work. An author must state that they want attribution, whether that be through their real name or a pseudonym. These rights are often enforced when the work is displayed in a public format. This may include gallery exhibitions, Distribution in a public setting, when a work is adapted and/or Included in a different work.
The right to not have works falsely attributed to an author includes if a work is made to seem like someone else had created it. If the attribution is believed to be corrected by the person advertising or showing the work then it will not be counted as infringement
The right of integrity only applies when a work
-has been added to, partially altered or deleted
- Been made an adaption (translations into different languages are excluded from this)
several exemptions from moral rights include if the work is used:
-To report and inform of current events
-In a newspaper/magazine/collective work or is available for publication with the authors consent
- When it has been created by the author through the course of an employment
-In a manner that is subject to Crown Copyright.
Incidental, Criticism, Education, "examinations, parliamentary and judicial proceedings" Insubstantial parts of a work and advertisements are all exempt from an authors moral rights.
The moral rights last for the same period as the copyrights of a work.
To use other peoples works in a work of your own, copyright clearance or permission is needed. This can be obtained from the creator of the work or the person who currently holds the copyrights to a work.
Permission is not required in a handful of situations. these can inclued:
-If an insubstantial part of a piece of work is used. This varies on a case by case basis, but unless the work sampled is considered "an important, distinctive or essential part" then copyright is not likely to apply.
-If the copyright of a work has expired. A copyright in New Zealand will last 50 years after the death of the creator of the work.
Copyright is also not needed if the work is being used for private research or study, Is being used in a critical or review like manner, for educational purposes or if the work is being used for public administration
Licenses with copyright collectives can also override the need to gain copyright directly from the creator of a work. Instead you apply to the collective to get the rights to use that work. several of these collectives include:
Copyright Licensing New Zealand, who deal with copyrights surrounding books, journals and written works.
The Australasian Performing Right Association covers music and the rights of songwriters and performers, as well as the distribution and broadcasting of these copyrighted works.
Recorded Music NZ covers broadcasting rights to publicly show songs and videos.
OneMusic, which provide rights to businesses who wish to broadcast music in the likes of stores etc
Screenrights, which cover the rights needed to display Television, Film and radio in a public setting.
Acknowledging Artists is not considered an adequate way through avoiding copyright laws. The defense of being unable to find a creator to credit is also not sufficient as a defense
Infringement of Copyright
Infringement of a copyrighted work is defined as using all or a substantial part of a previous work without the permission of its creator or a copyright holder.
If a similarity between two works is merely coincidental then this does not infringe copyright laws. unless it can be proved that a substantial amount of work has been directly copied it cannot be proven
A person who enables and authorizes another person to infringe copyright will also be held accountable for infringing copyright laws.
As well as copying aspects of a work, Copyright infringement in New Zealand also covers
-selling or showing copyright infringing works in a public setting
-Importing works that infringe Copyright into the country
- Importing films within 9 months of the working being made available anywhere in the world, unless it is for the personal private use of the importer.
Holders of copyright can get advice from several organisations such as APRA, CLNZ or Recorded Music NZ if they believe their work is being copied illegally.
Then the copyright holder must decide what legal action they wish to pursue, and may have to contact the copyright infringer.
This can then lead to court action and criminal penalties against the copyright infringer/s if found guilty.
Moral Rights
The Moral rights of a copyrighted work will always belong to the creator of a work.
these rights include the right to be attributed as the creator of their works, the rights to not have works attributed to them in a false manner and the right to decline derogatory treatment of their works.
Literary, Dramatic, Musical, Artistic and Film works Moral rights are all protected in New Zealand, however Computer-related works and sound recordings are not protected for moral rights.
These rights have to be asserted by the creator of a work. An author must state that they want attribution, whether that be through their real name or a pseudonym. These rights are often enforced when the work is displayed in a public format. This may include gallery exhibitions, Distribution in a public setting, when a work is adapted and/or Included in a different work.
The right to not have works falsely attributed to an author includes if a work is made to seem like someone else had created it. If the attribution is believed to be corrected by the person advertising or showing the work then it will not be counted as infringement
The right of integrity only applies when a work
-has been added to, partially altered or deleted
- Been made an adaption (translations into different languages are excluded from this)
several exemptions from moral rights include if the work is used:
-To report and inform of current events
-In a newspaper/magazine/collective work or is available for publication with the authors consent
- When it has been created by the author through the course of an employment
-In a manner that is subject to Crown Copyright.
Incidental, Criticism, Education, "examinations, parliamentary and judicial proceedings" Insubstantial parts of a work and advertisements are all exempt from an authors moral rights.
The moral rights last for the same period as the copyrights of a work.
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