United States of America

New Zealand

Copyright and Related Rights

[Follow-up question] Please clarify the answer to this question. In particular, please explain: (1) the relationship between the 1995 Order, Section 230(3) of the Copyright Act, and the First Schedule, in dealing with retroactive protection for existing works; (2) whether works by nationals of WTO Member countries, which were not first published in a WTO Member country, created before the 1962 Act commenced, are protected by copyright in New Zealand; (3) back to what date sound recordings from WTO Member countries are protected in New Zealand; (4) back to what date performances by nationals of WTO Member countries or that took place in WTO Member countries are protected in New Zealand; (5) which works are not protected today in New Zealand because they are of a type that did not qualify for protection under prior law, including the 1913 Act and the 1962 Act.

(1) Section 230(3) of the Act, together with Section 204, provides for the protection of foreign works in New Zealand. The countries which qualify for the protection provided for in Section 230(3) are listed in the schedules to the 1995 Order as provided for in Section 232(2) of the Act. The 1995 Order also clarifies the way in which foreign works are protected under the Act. Section 235 of the Act provides for the transitional provisions in the First Schedule to the Act to have effect for the purposes of the Act. The First Schedule applies to all works, both domestic and foreign. The Schedule contains the transitional and savings provisions ensuring consistency between the 1994 Act and previous legislation. It also makes provision for works which span the commencement of the 1994 Act and earlier legislation. This includes retroactive protection. (2)Prior to 1962 New Zealand only provided for works to qualify for copyright by reference to first publication in New Zealand or a prescribed foreign country. Works of the type mentioned in the supplementary question may, therefore, not qualify for copyright although it should be noted that the list of prescribed foreign countries is broader than just WTO Members. It also includes members of the Berne Convention and the Universal Copyright Convention and therefore currently includes some members of these conventions who are not yet members of the WTO. (3) Either December 1945 or a later date, if within that period, it is made available to the public (Section 23(1)). (4) Either December 1945 of the term provided for in another country where this has not already expired (Section 170(2)). (5) - Sound recordings before the commencement of the 1913 Act unless copyright already existed. - Performances before 1945. - Artistic works intended for industrial application before the commencement of the 1962 Act. - Cinematograph films before the commencement of the 1962 Act (although copyright was possible in the works comprising a film for example, the dramatic work). - Television and sound broadcasts made in New Zealand before the commencement of the 1962 Act and television and sound broadcasts made overseas before the commencement of the 1994 Act. - Typographical works before the commencement of the 1962 Act. - Anonymous or pseudonymous works before the commencement of the 1962 Act. - Models before 1985.