Unión Europea
Nueva Zelandia
Derecho de autor y derechos conexos
1. Does New Zealand apply its copyright law to broadcasting organizations having their headquarters in the territory of a contracting state of the Rome Convention (1961) where the broadcasting organization concerned is not incorporated in a contracting state (Article 2.2 of the TRIPS Agreement in conjunction with Article 6 Rome Convention)? If the answer is negative, please explain the reasons for this.
Yes, New Zealand does so. A broadcast qualifies for copyright if: -it is made from a prescribed foreign country (Section 20 of the Copyright Act 1994); and -the author is either: a citizen or subject, a domiciled or resident individual, or a body incorporated under the law, of a prescribed foreign country. A work of joint authorship qualifies under this section if any of the authors meet these requirements (Section 18). It should be noted that: -an author is defined as the person who makes or relays a broadcast and can be a natural person or a body corporate (Section 5); -where a broadcast is made by more than one person then it is to be treated as a work of joint authorship (Section 6); and -a prescribed foreign country is one that is included in one of the schedules of the Copyright (Application to Other Countries) Order 1995 which came into force on 1 January 1996. In accordance with TRIPS Article 1.3, New Zealand has made a notification in terms of Article 6(2) of the Rome Convention.