DigitalNZ is developing a series of workflow tools for establishing copyright status. The first of these is a flowchart to determine the New Zealand copyright status of photographs. Others in the series are planned and will likely include newspapers and magazines, sound recordings, film, literary works etc.
DigitalNZ is proud to make available the NZ copyright status flowchart for determining the New Zealand copyright status of photographs.
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One of the problems that many content owners face is determining the New Zealand copyright status of items. If you can’t determine the copyright status of your content, you can’t accurately apply rights statements such as New Zealand Creative Commons licences or ‘no known copyright restrictions’.
The information in this flowchart relates to copyright for photographs first published in New Zealand or taken by New Zealand citizens or residents.
The tool we’ve developed is intended to meet ‘80%’ or thereabouts of situations, rather than trying to provide a decision tree for every possible scenario (e.g. rights of joint photographers). These are things you need to take note of though.
We think it will be useful to you if you are a New Zealand organisation or individual:
Yes, and then some. We’ve worked with a number of experts and lawyers to ensure that this flowchart is a useful tool for determining the copyright status of photographs. We also sought input from practitioners in the field before publishing this version.
That said, this flowchart is of a generalised nature, for information only. As the disclaimer states, it doesn’t constitute professional advice and DigitalNZ is not responsible for any loss caused as a result of using it. You should seek professional advice from a suitably qualified professional about specific issues. Don't let that put you off using it though!
The logic to the opening entry of the flowchart is that copyright in photographs taken prior to 1945 only received 50 years’ protection under the Copyright Act 1962. Copyright in any photograph taken 50 years before the Copyright Act 1994 commenced is therefore likely to have expired.
On legal advice, we have been cautious and changed the starting date to prior to 1 January 1944. Transitional provisions of the Copyright Act 1994 (clause 17 of the First Schedule) provide that the “life plus 50 rule” applies to photographs in which copyright subsisted immediately before the commencement (which was 1 January 1995).
As copyright in photographs taken in the year 1944 might not expire until 31 December 1994, there could be a legal argument that copyright subsisted immediately before (i.e. one day before) the commencement of the 1994 Act and so would enjoy the longer period of copyright protection.
Download NZ copyright status flowchart for photographs (RTF)
Download NZ copyright status flowchart for photographs (PDF)
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