Getting to grips with copyright
The basics - what is copyright?
Copyright protects the expression of an idea. The way the idea is expressed is protected but not the idea itself. For example, copyright protects the written words and pictures in a brochure from copying but not the message and the information itself.
How is copyright created?
Copyright exists automatically, from the moment the copyright work is created. The creator does not need to do anything, register anything or pay any money.
There is no formal registration system of copyright works in New Zealand. But New Zealand is a signatory to international copyright treaties. This means that if you create a copyright work in New Zealand, your rights are recognised in those countries that are also signatories to the international treaties.
Where does copyright exist?
There is copyright in every original literary, dramatic, musical and artistic work, sound recording, film, broadcast, and cable program. The work must be original.
Examples of “literary works” are books and printed matter such as brochures and other advertising material, website content, databases and multimedia productions.
“Artistic works” include plans, photographs, sculptures, collages, drawings and models.
A logo or picture trade mark can also attract copyright as an artistic work, although trade mark protection provides better and often stronger protection. Both copyright and trade mark protection is possible, but trade mark protection is not automatic – it requires the owner to apply for protection by filing documents at the Intellectual Property Office of New Zealand.
“Films” protected by copyright cover any moving images including videos and DVDs.
Copyright exists irrespective of the quality or merit of the work. Provided it’s original, it’s protected.
Who owns copyright?
Presumptions apply under the Copyright Act 1994. The law presumes the owner of a copyright work is the author; or the employer, if the work is created by an employee during employment; or the commissioner, if the work is commissioned. It is possible to alter these presumptions but the changes must be in writing to be effective.
Ownership can become tricky if you have non employees like consultants creating copyright works. Before engaging someone to produce a work, you should agree in writing on who will own the copyright, and if there are any limits on its use.
How long does copyright last?
Usually copyright lasts for fifty years from either the end of the calendar year in which the work was created, or from when the author dies.
How do you notify your claim to copyright?
Because no formal system exists in New Zealand for copyright registration, a copyright notice is the best way to tell others that a work is protected and your consent is needed to copy it.
A copyright notice contains the © symbol, the name of the copyright owner and the year the work was first published. An example of a typical copyright notice is ©Corinne Blumsky Limited 2008.
What rights do you get?
Copyright does not provide a monopoly right. It only gives you, as the name suggests, the right to stop someone copying your work. If you cannot prove that your work has been copied, or if the alleged copier can prove the work was independently created, then you may not be able to sue for infringement successfully. Although copyright is free to own, it can be expensive to enforce.
Remember
Copyright is a valuable but limited intellectual property right. To take advantage of it you need to understand the basics, ensure you own it, and use your copyright notice to make it clear to others that your permission is needed to copy your precious work.
An edited version of this article was published in Her magazine March 2008
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Corinne Blumsky
Partner
