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Act of Parliament in New Zealand From Wikipedia, the free encyclopedia
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 Act 1994 | |
|---|---|
| |
| New Zealand Parliament | |
| |
| 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 | |
| Status: Current legislation | |
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]
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