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Copyright FAQs

Copyright automatically protects original works and gives the creator the right to reproduce, commercialize, license and be recognized as the works owner.

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What can be copyrighted?

Original works are automatically protected by copyright in New Zealand. This includes literary, dramatic, artistic, musical, sound recordings, films and communication works as well as typographical arrangements of published editions.

Resources

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What rights does copyright give me?

Copyright gives the creator of a work the exclusive right to allow others to use or copy that work. If you own copyright in a work, you may be entitled to acknowledgement of ownership and a payment if another party uses your work.

It is possible to lodge border protection notices for copyright works with the Customs Service of New Zealand to prevent the importation of pirated works into New Zealand.

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How long does copyright cover my works?

The length of time that copyright applies varies according to which type of works are being protected. IPONZ has a list here that lists each type and the duration of copyright protection available.

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Do I have to register my copyright in NZ or overseas?

You do not have to register your copyright in New Zealand, and copyright is automatic in most other countries. 

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If you are seeking to enforce your copyright overseas, the World Intellectual Property Organization administers the Berne Convention- a treaty ratified by 180 countries that protects basic copyright.

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Who owns the copyright in works?

Copyright is generally owned by the creator of the original works. However, if the work is made on commission, by an employee or there is another agreement about who owns the works then ownership can be vested in another person.

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Can I license my copyrighted works?

Yes. As the owner of a copyrighted works, you have the exclusive right to use, assign, sell and license your works.

A license can confer full right or limited rights to use the material. Limiting the rights of a licensee to use the material can include territorial restrictions, time limitations or limitations of the nature of the use of the works.

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What is a Creative Commons license?

Creative Commons is a non-profit organization that provides a standardized way of licensing copyrighted works for the public to use. Owners of works retain copyright and are credited for their work, and can choose from different types of licenses that allow varying degrees of restrictiveness. Find out more about Creative Commons here.

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Can I copy and paste images or content I find online?

It is always important to check that any creative material you are using/copying is licensed for the purposes you are using it. Even if content appears to be free to use, it's always best to find a clear indication of the status of the copyright/licensing terms in order to avoid infringement.

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When should I use the ©  symbol?

Copyright is not registered in New Zealand so using the © symbol is import to put third parties on notice that you own the copyright in the work. 

If you have original content on your website or written materials you can use the © symbol along with the name of the owner of the copyright and the year of creation - for example:

© business name 2021

Still have questions? Ask one of our team:

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Elena Szentivanyi is a lawyer specializing in copyright at Henry Hughes Intellectual Property. Get in contact with her:

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David Moore is a lawyer specializing in copyright at Henry Hughes Intellectual Property. Get in contact with him:

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