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Audiovisual copyright in NZ


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A presentation to the Audiovisual Training Course, Archives New Zealand Training Room, Thursday 26 November 2009

A presentation to the Audiovisual Training Course, Archives New Zealand Training Room, Thursday 26 November 2009

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  • 1. Copyrights and audio-visual works
  • 2. Copyright regulates the technology of copying
  • 3. 1700s, England
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  • 6. Statute of Anne, 1709
  • 7. “ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families….
  • 8. “… For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books…”
  • 9. “… for the Term of fourteen Years to Commence from the Day of the First Publishing the same, and no longer.”
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  • 24. Each new technology has meant changes to the law
  • 25. Our NZ law is based on the UK law
  • 26. Audio-visual works have four categories in the law
  • 27. Photographs Anything where an image is produced by recording light or other radiation on media, but excluding film
  • 28. Sound recordings Where sound can be reproduced including the recording of a literary, dramatic or musical work
  • 29. Film Any recording on a medium from which a moving image can be produced
  • 30. Communication works Including any wireless broadcast, cable transmission or internet streaming of sounds and visual images for reception by the public
  • 31. Crown Copyright is a fifth category covering works by Government departments, Parliamentary offices, Ministers and the Monarch
  • 32. There are three questions you need to answer:
  • 33. 1. When was it made? 3. Can others copy it? 2. Can you copy it?
  • 34. Older materials have different copyright terms
  • 35. Published and unpublished photographs, sound recordings and film taken or completed before 1944 have no copyright in New Zealand
  • 36. Broadcasts made before 1 April 1963 have no copyright in New Zealand, (although a recorded copy made after 1958 will still have copyright)
  • 37. Photographs after 1944: life + 50 years Film and sound recordings after 1944: 50 years from when made or made available to the public Communication works after 1963: 50 years from when first made available to the public Crown works after 1944: 100 years from when made
  • 38. Copying of in-copyright works for preservation is only allowed by prescribed libraries and archives unless permission is given first
  • 39. Digital copying of in-copyright works for preservation has a different set of rules from non-digital copying
  • 40. the original item is at risk of loss, damage, or destruction the digital copy replaces the original item the original item is not accessible by members of the public after replacement by the digital copy (with minor exceptions) it is not reasonably practicable to purchase a copy of the original item.
  • 41. Prescribed libraries and archives can place in-copyright digital copies on the the internet or provide them to users under certain conditions
  • 42. it has to be a lawfully obtained digital copy users have to be informed about the legal limits on copying the digital copy communicated cannot be altered or modified the number of users accessing at a time is no more than the copies originally bought or licensed
  • 43. You cannot issue a licence for an in-copyright work unless you own the copyright
  • 44. Works with expired copyright can be freely copied by anyone
  • 45. Check that out of copyright works are really in the public domain e.g. Trademarks, Privacy from 1993, restorations and adaptations
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  • 47. [email_address] twitter: @digitalnz