Flashcards in Copyright_Protection_in_New_Zealand Deck (54):
What is Copyright?
Refers to a bundle of exclusive rights conferred by the Copyright Act 1994 in relation to original works.
These rights allow...?
copyright owners to control certain activities relating to the use and dissemination of copyright works.
Copyright protection attaches to the...?
Particular manner expressing an idea or conveying info.
It can't protect mere...?
info, ideas, schemes, or methods that are capable of being expressed in other ways.
NZ is party to various international agreements including...?
• Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS Agreement)(Annex 1C to the Agreement Establishing the World Trade Organisation (WTO)1994);
• Berne Convention for the Protection of Literary and Artistic Works 1928 (Rome Act revision);
• Universal Copyright Convention 1952
Whist NZ is not a member of the Rome Convention for the protection of Performers, Producers, of Phonograms and Broadcasting Organisation 1961, we are...?
A de facto member of the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of there Phonograms 1971.
The Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of there Phonograms 1971, went further than the Rome Convention to address...?
The issue of "record piracy"
Article 9 of the TRIPS agreement (now the leading international convention in relation to performers, phonograms and broadcasters), incorporates....?
Articles 1-21 of the 1971 revision.
For work or type of material to qualify for copyright protection, 4 conditions must generally be satisfied....?
○ It must fall within one of the categories or subject matter in copyright can exist;
○ It must be sufficiently "original"
○ The "author" must be a "qualified person"
○ Certain works must be fixed either in writing some other material form.
Copyright for Literary works..?
Written works, i.e. Novels, poems, articles, notes and song lyrics; computer programs; tables; and complications, including compilations of works and complications of data.
Copyright for Dramatic works...?
Includes works of dance or mime and scenarios or scripts for films and plays.
Copyright for Artistic works...?
Graphical work, i.e. Paintings, drawings, plans, and maps, irrespective or artistic "quality" or merit; photographs, sculptures and models; buildings and models of buildings; and works of artistic craftsmanship which must have some artistic quality or level of skill.
Copyright for Music works...?
Musical scores or arrangements, but not accompanying lyrics or dances (which could be separately protected as literary or dramatic work.)
Copyright for Sound recordings...?
Recordings or fixation of sounds or literary, dramatic or musical works from which sounds can be reproduced. A recording is protected separately from any copyright that may exist in the work recorded.
Copyright for Films...?
Recording in any media from which moving images can be produced by any means, which includes video cassette (such VHS or BETA recordings), celluloid prints, digital versatile disk (DVDs) recordings, video compact disk (VCD) recordings and films stored on other types of computer disks. The images in a film are protected separately from any copyright there may be in the script or accompanying sound recording.
Copyright for Broadcasts...?
A transmission, that may or may not be encrypted, of a radio or television programme by wireless communication means to, or which is capable of being lawfully received by, a public audience. Copyright arises in respect of broadcasts independently of any copyright in the content.
Copyright for Cable Programmes....?
Is an item (such as a TV programme or film) that is included in a cable programme service. A cable programme service is a transmission service by means of a telecommunication system (other than by wireless communication means) to a public or subscription audience. Copyright arises in respect of cable programmes independently of any copyright in the content carried.
Copyright for Typographical arrangements of published editions...?
Typesets or image of published edition of the whole or part of literary, dramatic or published work (that may or may not itself be protected by copyright). Copyright in a typographical arrangement exists independently of copyright in the published work.
Copyright protection doesn't apply to certain government work such as...?
○ Parliamentary Bills;
○ Acts of Parliament;
○ Parliamentary debates;
○ Select Committee reports;
○ Court and tribunal judgements;
○ Reports of Royal Commissions, Commissions of Inquiry, Ministerial Inquiries or Statutory Inquiries.
Under the Act, the owner of copyright in a work has the...?
"exclusive right" to do certain "restricted acts" in relation to the work.
• Copying the work;
• Publishing, issuing or selling copies of the work to the public;
• The right to perform the work in public
• Playing the work in public
• Showing the work in public;
• Broadcasting the work or including the work in a cable programme service;
• Making an adaptation of the work or doing any of the above activities in relation to an adaptation;
• Authorising any other person to do any of the restricted activities listed above.
Copyright protection applies to a work only for...?
a limited period of time. This varies depending on the category of the copyright work.
Copyright length for Literary, dramatic music or artistic works...?
Copyright protection lasts fifty years from the end of the calendar in which the author dies.
Copyright length for Artistic works industrially applied...?
Copyright protection lasts 16 years from the time the work is industrially applied.
Copyright length for works of artistic craftsmanship industrially applied...?
Copyright protection lasts 25 years from the time the work is industrially applied.
Copyright length for sound recordings and films...?
Copy right protection lasts fifty years from the end of the calendar year in which the sound recording or film was made or made available to the public, whichever is the latter.
Copyright length for broadcasts and cable programmes...?
Copyright protection lasts 50 years from the end of the calendar year in which the broadcast is made, or the cable programme is included in a cable programme service.
Copyright length for typographical arrangement of published editions...?
Copyright protection lasts until 25 years from the end of the calendar year in which the edition was first published.
Once a copyright in a work expires, the work falls into...?
the "public domain" and can be freely used.
There are a number of exceptions to the rights outlined in the Act. These are called...?
Permitted acts reflect instances where Parliament has determined that the...?
wider public interest, or the interests of particular groups, makes it necessary to restrict or limit the rights granted to copyright owners.
Permitted acts include...?
-"fair dealing" - for the purposes of criticism, review, news reporting, research or private study;
- Limited copying or dealing with the work for particular educational purposes;
- Limited copying or dealing in the work by librarians or archivists in specific circumstances;
- Exceptions in respect of certain activities by the Crown;
- Copying for the purposes of making copies that are in Braille;
- Subject to certain conditions, in the making of a back-up copy of a computer program;
- Recording a TV programme for the purpose of making a complaint or for "time shifting" purposes so that a programme can be watched at a more convenient time.
There is no general exception to ...?
copyright infringement for private of domestic copying including "format shifting", of legitimately purchased recordings from one medium to another to allow playing or viewing via other devices.
Under the act, copyright protection comes into existence....?
automatically upon the creation of any original work.
Registration of copyrights is ...?
not required and no formal system for the registration of copyright exists in NZ.
Although not required by law, it is a good idea to include....?
a copyright statement or notice on a work.
Common form of copyright notice consist of the...?
© symbol, the name of the copyright owner and the year of the copyright work was first published. For example: © Ministry of Economic Development, 2002.
When an original work is created in NZ...?
it is not only protected by the copyright in NZ, but also automatically protected under the copyright laws in other countries that are members of the World Trade Organisation.
if a person wants to use a copyright work in a way that may infringe copyright work,he/she can...?
ask the copyright owner for a licence to use that work. If granted, the licence will usually specify the ways in which the work can be used. Usually the licence holder will have to pay the copyright owner for the use of the copyright work. A copyright owner is under no obligation to grant a licence to use the work.
A stationary body pursuant section 205 of the Act. The Tribunal hears disputes relating to provision of licences allowing...?
the copying, performing and broadcasting of works. In addition some proposed operative schemes for licensing can be referred by interested parties.
Any person who believes that a copyright owner has unreasonably refused to grant a licence for the copying, performing, or broadcasting of a copyright may...?
apply to the Tribunal.
The Tribunal decides whether the applicant is..?
entitled to a licence on what terms. This only applies where the copyright owner has set up a scheme for licencing the use of copyright works.
Are a type of intellectual property rights known as "neighboring" or "related" right as they neighbor or are related to copyright. (but arise independently from any copyright that may exist in the work itself that is the subject of a performance).
Performers rights are provided for in...?
Part IX of the Act. The Act provides with certain limited rights to control the exploitation of their performances where they have not given consent to that exploitation.
Protected performances are defined in the Act by...?
reference to the tradition categories of works protected by copyright, including dramatic performances, musical performances, readings and recitations of literary works and performances of a variety act.
Performances by students or staff of an educational establishment; news reading or other info delivery; sporting activities; and participation in a performance by members of an audience....?
Performers rights are infringed if a performance, or a substantial part of a performance...?
is exploited without the performer's consent.
The Act distinguishes between the exploitation of "live performances" and performances that have been embodied in audio-visual media such as...?
sound recording and films
A number of acts constitute infringement of a performer's rights in live performances including...?
the recording, broadcast or inclusion in a cable programme of a live performance.
A performer's rights are also infringed when a recording of a performance that has been made without the...?
performer's consent is broadcast, shown, played, copied, imported or sold.
Authors and directors have certain "moral rights" in addition to...?
the economic rights provided under the Act.
Moral rights include...?
- The right to be identified as the author of a work (the right of attribution);
- The right to object to derogatory treatment of the work (the right of integrity); and
- The right not to have a work falsely attributed to them.