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Copyright: Overview

Guidance on permitted use of copyright works for study, research and teaching purposes

General Information

All staff and students must abide by the laws of Copyright as defined in the Copyright Act 1994 including all amendments. However, an important exception to this is when you access information from any database/e-resource that your institution subscribe to, then those resources' specific terms and conditions take priority over the Copyright Act.

What is copyright?

Copyright refers to the rights of an author or creator of an original work and is automatically given to control the copying, distribution and adaptation of their work. It also spells out your entitlements as users of copyright works. Copyright automatically applies to any and all original works as soon as they are published into material form, whether the copyright symbol © is shown or not. 

Works that qualify for copyright protection
For a work or type of material to qualify for copyright protection, four conditions must generally be met:

  1. It must be original.
  2. The nationality of the author, or the origin of the work, must be one that qualifies for protection.
  3. Certain works must be fixed either in writing or some other material form.
  4. Copyright may exist in original works of these types or categories.

Copyright

Works protected by copyright

In New Zealand, the categories of protected works are defined in section 2 of the Copyright Act and are as follows.

  • literary works including words of a book, poem, newspaper or journal article, speech or song, email, or training manual, as well as tables and compilations, and computer programmes
  • dramatic works including dance, mime and film scenarios or scripts
  • musical works including the score and sheet music
  • artistic works including paintings, drawings, diagrams, maps, models, photographs and sculptures
  • sound recordings separate to the actual music or story
  • films for any genre or format, separate from the underlying script, music or broadcast
  • communication works including radio and television broadcasts and internet webcasts
  • typographical arrangements of published editions covering the layout of the edition derived from a complete or partial literary, dramatic or musical work.

Works not protected by copyright

In New Zealand copyright protection does not apply to certain government works such as:

  • Parliamentary bills
  • acts of Parliament
  • regulations
  • bylaws
  • Parliamentary debates
  • select committee reports
  • court and tribunal judgments
  • reports of royal commissions, commissions of inquiry, ministerial inquiries or statutory inquiries.

However, it is possible that reprints or publications of this material by non-governmental parties could give rise to copyright.

Helpful resources

Understanding Copyright (Copyright Licensing New Zealand)

Copyright Act 1994 (New Zealand Legislation)

Copyright (Infringing File Sharing) Amendment Act 2011 (New Zealand Legislation)

Copyright protection in New Zealand (MBIE)

Crown Copyright (NZ Intellectual Property Office)

Māori and Intellectual Property (NZ Intellectual Property Office)

Screenrights

APRA/AMCOS

Intellectual Property Office of New Zealand