The legal framework
The Copyright Act 1994 protects most works for the author's life plus fifty years. New Zealand had agreed to extend the term to seventy years under the original Trans-Pacific Partnership, but that provision was suspended when the agreement was renegotiated as the CPTPP, so the shorter term remains. Fair dealing covers research, private study, criticism, review and news reporting.
Key points
| Statute | Copyright Act 1994 |
|---|---|
| Term | Life plus 50 years for most works — shorter than most comparable countries |
| Fair dealing | Research, private study, criticism, review, news reporting |
| No parody exception | Parody and satire are not listed exceptions |
| Format shifting | A limited exception exists for sound recordings |
| Review | A long-running review of the Act has been under way |
| Act under review | A long-running review has not yet produced legislation |
| Internet infringement regime | A notice process exists for file sharing |
| Crown copyright | Much government material is released under open licences |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Check the term carefully: fifty years here means works are free earlier than abroad.
Where to go
- Ministry of Business, Innovation and Employment.
- Copyright Licensing New Zealand and APRA AMCOS.
- Disputes Tribunal for small claims.
Worth knowing
The shorter term means works enter the public domain in New Zealand earlier than elsewhere. That does not make them free to use in other countries: publishing online exposes you to the longer terms abroad. Publishing online exposes you to the longer terms of other countries. A work free in New Zealand may still be protected where your readers are.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations