Union européenne

Pays-Bas

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).