Union européenne
Droit d'auteur et droits connexes
3. Does New Zealand grant protection to authors of cinematographic works where the makers of such works have their headquarters in the territory of a WTO Member but are not incorporated in a WTO Member country (Article 9.1 of the TRIPS Agreement in conjunction with Article 4 Berne Convention)?
Yes, New Zealand does so. A film qualifies for copyright if 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 of the Copyright Act 1994 refers). It should be noted that: -an author is defined as the person who makes the arrangements necessary for making a film and can be a natural person or a body corporate (Section 5); -provision is made for works of joint authorship (Section 6); and -the Copyright (Application to Other Countries) Order is relevant (see response to question 1).