Not all material on this site is covered by copyright. Where copyright is applicable it is governed by New Zealand legislation. The Copyright Act 1994 applies to blogs hosted on servers in NZ (such as this one).
The Act applies to all copyright material, not just material originating in NZ. Longer periods of copyright contained in overseas jurisdictions do not apply in NZ. Ditto for terms and conditions.
Contemporary Material
Material (“works” in the words of the Act) is copyright during the life of the author and “… expires at the end of the period of 50 years from the end of the calendar year in which the author dies.” (Sec 22 (1)).
This applies to online material so blogs come under this part of the Act. Consequently recent material , all text and images, on sites not explicitly credited to others belong to the site author(s). The copyright vests accordingly, as do the moral rights to be identified as author if asserted – as is the case here (Part 4 of the Act)
Material qualifies for copyright
(Part 1 of the Act)
Copyright material can be reproduced as a permitted use (see below, Part 3 of the Act).
Older Material
Under NZ law copyright ceases 50 years after the death of the author. Older material is reproduced here on the grounds it is outside of copyright.
Some specifics
- Very broadly speaking, under New Zealand law, a photograph (defined as an “artistic work”) moves into the public domain 50 years after the death of the photographer. The same applies to literary texts.
- New Zealand law also allows the use of otherwise copyright material for certain permitted acts.
- New Zealand’s copyright law is different from most other countries in that copyright periods are shorter e.g. copyright on published materials, such as a book, expires 50 years after the death of the author. The same applies to images. Copyright periods specified in the laws of other countries do not apply to usage in New Zealand.
Useful Links
Some authoritative links, valid as at June 2022. The last link is less objective than the rest.
Link to the on-line version of the Copyright Act
https://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345634.html
New Zealand Intellectual Property Office
This government agency with information on copyright as well as trade marks, patents, and designs.
https://www.iponz.govt.nz/about-ip/copyright/legislation
MBIE
MBIE ,who administer the law on copyright, describes it as:
The term ‘copyright’ refers to the exclusive rights given to owners of original works, under the Copyright Act 1994. The Act allows copyright owners to control certain activities relating to the use and dissemination of their works. (see their website here)
Also on that page is a list of sections providing additional information:
• What qualifies for copyright protection? • What doesn’t qualify for copyright protection? • Types of rights conferred by copyright • How long copyright protection lasts • Exceptions to copyright • How to protect your copyright • Copyright licensing • New Zealand’s Copyright Tribunal • Moral rights protected by copyright • Performers’ rights • Where to find legal advice on copyright issues
Copyright Licensing New Zealand (CLNZ)
The trade organisation that protects the rights of copyright holders.
Correct as at 15/06/2022