The Copyright Act 1994 (NZ) is New Zealand’s main law for protecting copyright and other intellectual property rights. It gives creators legal control over how their original works are copied, distributed, performed, communicated, or adapted.
The Act is important because it protects the creative work of individuals and organisations. It covers works such as:
* Books and written material
* Music and sound recordings
* Films and videos
* Artwork, photographs and designs
* Computer programs* Other original creative works
Copyright gives owners exclusive rights over certain uses of their work. This encourages people to create new material because their work has legal protection from unauthorised use.
Copyright infringement occurs when someone carries out a restricted activity without permission from the copyright owner. Examples include:
* Copying someone else’s website content.
* Downloading and distributing copyrighted movies illegally.
* Using another person’s photograph commercially without permission.
* Reproducing software without authorisation.
* Uploading copyrighted music or videos without permission.
The Act specifically identifies activities such as copying, issuing copies to the public, communicating works to the public and making adaptations as restricted activities.
New Zealand does not use the broad US-style “fair use” system. Instead, the Copyright Act provides specific permitted acts and exceptions.
For example, the Act allows certain uses for:
* Research or private study
* Criticism and review
* News reporting
* Education
* Library and archive activities
* Certain accessibility purposes
These exceptions allow people to use copyright material in particular circumstances without obtaining permission, provided the relevant legal requirements are satisfied.
The Act is also important in the digital environment. Copyright protection applies to digital works, including software, films, music and online content.
The Act contains provisions dealing with:
* Communication of works to the public
* Digital copying
* Internet service provider responsibilities
* Infringing file sharing
* Technological protection measures (such as digital locks)
* Copyright management information
This helps copyright owners protect their work when it is shared or reproduced through the internet and digital technologies.
The Act also protects some moral rights of creators. These include the right to be identified as the author or director of a work and the right to object to certain derogatory treatment of their work. This is different from economic copyright because it focuses on the creator’s connection with and reputation associated with their work.
One limitation of traditional copyright law is that it is generally designed to protect individual original creations, rather than knowledge and cultural expressions that have been developed and passed down collectively through generations.
This creates challenges for Māori traditional knowledge (mātauranga Māori) because:
* Mātauranga Māori can be collectively held rather than owned by one individual.
* Some knowledge has been passed down through generations.
* Traditional cultural expressions may not meet the normal requirements for copyright protection.
* Copyright has a limited duration, while cultural relationships with taonga can continue indefinitely.
* Commercial use of Māori designs, stories, symbols or knowledge may raise cultural concerns even where ordinary copyright protection is unavailable.
MBIE recognises that New Zealand’s intellectual-property system needs to consider Māori interests in traditional knowledge, cultural expressions, taonga works and taonga species.
The Copyright Act provides some protection where Māori cultural material qualifies as an original copyright work. However, it does not provide a complete system for protecting all forms of mātauranga Māori. New Zealand has therefore considered broader approaches to protecting Māori traditional knowledge and cultural expressions. MBIE identifies initiatives involving Māori interests in traditional knowledge and cultural expressions, including mātauranga Māori, as part of intellectual-property policy development.