COPYRIGHT
Introduction
This blog is based in New Zealand and runs on servers located in New Zealand. All aspects of copyright are governed by New Zealand legislation. All text and images, except as mentioned in the following paragraph, are © Lawrence Roberts.
Author/photographer: copyright holder and public domain
Unless stated otherwise the images on this blog are my copyright (I took the photographs) or in the public domain (the photographer is known and has been dead for more than 50 years). Where the photographer is known this will be stated.
There will be some images that are not mine, by an unknown photographer, or a photographer whose dates I have not been able to determine, but by their age and/or circumstances may be considered to be in the public domain. If, after doing what I can to determine the copyright status, it seems unlikely they are protected by copyright, they will be used as public domain images. Sometimes a copyright image can still be used under fair use provisions.
If you see that I have used an image you know to be protected please use the Contact page and corrective action can be taken as appropriate.
The law
What follows below is my understanding of the law, and form the basis on which images and text appear on the blog. It is not intended to be legal advice. If you think something is not right please let me know.
Very broadly speaking, under New Zealand law, a photograph (defined as an “artistic work”) moves into the public domain 50 years after the death of the photographer. The same applies to literary texts.
New Zealand law also allows the use of otherwise copyright material for certain permitted acts
Please be aware that New Zealand’s copyright law is different from most other countries in that copyright periods are shorter e.g. copyright on published materials, such as a book, expires 50 years after the death of the author. The same applies to images. Copyright periods specified in the laws of other countries do not apply to usage in New Zealand.
As always there are exceptions which can make for confusion.
AUTHORITATIVE RESOURCES
Ministry of Business, Innovation and Employment (MBIE)
MBIE, the New Zealand Government agency that administers the law on copyright, describes it as:
The term ‘copyright’ refers to the exclusive rights given to owners of original works, under the Copyright Act 1994. The Act allows copyright owners to control certain activities relating to the use and dissemination of their works. (see their website here)
Also on that page is a list of sections providing additional information:
• What qualifies for copyright protection?
• What doesn’t qualify for copyright protection?
• Types of rights conferred by copyright
• How long copyright protection lasts
• Exceptions to copyright
• How to protect your copyright
• Copyright licensing
• New Zealand’s Copyright Tribunal
• Moral rights protected by copyright
• Performers’ rights
• Where to find legal advice on copyright issues
New Zealand Intellectual Property Office
This government agency has information on copyright as well as trade marks, patents, and designs.
Copyright Council of New Zealand
This agency pops up regularly in Google searches. For some, the name may suggest it is an official body however that is not the case. It is a non-profit society established to support the interests of copyright creators and owners. Consequently it is more informative than authoritative. Nevertheless the Council website is a very valuable resource and has a good range of PDF files that delve into specific aspects of copyright.
Details are on their website
First published 9 June 2018. Amended 7 July 2018