This page was last revised 21 January 2011
Our updated downloadable Make it Digital resource, Copyright terms and the public domain in New Zealand, provides an easy reference guide for anyone wanting to know what was out of copyright in New Zealand as of 1 January 2011. The aim is to update this annually as further content enters the public domain or as legislation changes.
Download Copyright terms and the public domain in New Zealand (Word)
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Copyright is a legal protection for creators and publishers of original works that provides them with a monopoly for a fixed term over the copying, adaptation, and distribution of their works. With a small number of exceptions e.g. relating to some unpublished works held by institutions, indecency laws and privacy of living persons, when those fixed terms expire the original works fall into the public domain. At this point, permission or authorisation to copy, adapt or distribute the works is no longer needed from the former copyright owners.
The ability to make use of public domain material is a boon for users of digital technology, as it allows the digitisation, adaptation and re-publication of works for anyone to access, use and share. A rapidly growing interest in New Zealand history, culture and people means that there is also often demand for older material that can be searched for online, downloaded and put to free use.
No. As a consequence of recent extensions to copyright terms in Australia, the United States, Europe and the United Kingdom, New Zealand currently has some of the shortest terms for copyright in the English speaking world. A significant number of works created in 1960 or earlier are out of copyright in New Zealand - however, an equally significant number are still in copyright. This means that you cannot simply assume old material is out of copyright based on the year it was created or published - you will need to do some homework to confirm material really is in the public domain. You should also be aware that public domain content in New Zealand may still be in copyright for overseas users. Our Guide on Enabling Use and Re-use has some of the steps you can follow to establish material is really in the public domain.
Older material that is not in the public domain in New Zealand includes:
No. Where copyright terms require you to make a reasonable enquiry or a reasonable assumption of death, your research should be good enough to defend in a court of law if need be. We have some suggestions about the documented steps you might take to ensure your enquiry is reasonable in our main Guide.
This guide is designed to provide you with general information about New Zealand copyright terms and the public domain that is simpler to follow than reading the legislation. Its best use is as a tool to assist you to plan and develop your own policies and practices for dealing with out of copyright material. We have checked the information with lawyers and believe it to be accurate. However, the contents of this guide do not constitute legal advice and DigitalNZ is not responsible for any loss or damage caused as a result of following it. If you have specific issues or areas of doubt you should seek advice from a suitably qualified professional.
Except where otherwise noted, the Make it Digital Guides are licensed under a
Creative Commons Attribution 3.0 New Zealand License.
Comments
What about an unsigned article in a newspaper or magazine?
Is that 50 years from publication?
By newspaper reader | 28 Oct 2009 23:12
Newspaper and magazine articles from unknown authors are something we are closely looking at right now. As with other literary works, copyright in articles lasts for the life of the author plus 50 years, which means a lot of 20th century newspapers will still be in copyright.
For newspapers, journals, magazines and similar published editions, the copyright can be held with either the author or the publisher. If the author is unknown but the publisher is known, then the publisher can be presumed to represent the rights of the author.
If an article is old enough, it may be possible to reasonably assume the author has been dead for more than 50 years and the article is in the public domain. However, reasonable assumptions should be based on efforts to identify the author and need to be documented.
None of this of course prevents you copying an article for purposes of fair dealing (such as for private research or study).
By Lewis Brown, DigitalNZ | 29 Oct 2009 09:44
Is the copyright to a film's soundtrack treated separately to the film itself? If so, are soundtracks treated as a sound recording or a musical work?
If a film is in the public domain, can I assume its original soundtrack is too?
By Dominic | 30 Jan 2010 01:42
The soundtrack to a film is treated as a sound recording under the Copyright Act 1994, and the film creator is considered to be the first copyright holder. As they share the same copyright term, copyright in the soundtrack expires at the same time as a film. You can make copies, restore and re-publish both the original film and soundtrack recordings if they are in the public domain.
However, the script, musical score and arrangement of a film are treated as artistic works, which do not expire until 50 years after the authors have died. This means you cannot transcribe, re-record or publish the script or a new version of the music without permission if it is still in copyright (for instance you could not do a remake of a film). Perhaps of more relevance, these authors have the moral right to be recognised as the authors of these works while they have copyright, so if you are adapting, restoring or re-publishing public domain films and soundtracks, you should ensure the original authors are still given credit.
Lastly, be aware copyright terms may be longer overseas, so if you intend to re-publish outside of New Zealand you might want to do some research on the public domain in other countries.
Once you have an idea of what you want to do with a film you believe to be in the public domain, for any specific issues you should seek advice from a suitably qualified legal professional.
By Lewis Brown, DigitalNZ | 01 Feb 2010 09:44