États-Unis d'Amérique
Droit d'auteur et droits connexes
5. Please explain how the scope of protection granted to cinematographic works under Section 34(1) of the Copyright Act 1994 is consistent with the requirements of the Berne Articles 2(1) and 14bis, as incorporated through TRIPS Article 9.1, given that the scope of rights does not appear to be co extensive with the rights in literary and artistic works generally. For example, there does not appear to be an adaptation right provided through this Section for cinematographic works.
New Zealand provides copyright protection for cinematographic works by virtue of Section 14 of the Copyright Act 1994 which includes dramatic works (screen plays), musicals, sound recordings and films as original works to which copyright applies. Section 16 of the Act provides copyright owners with exclusive rights in respect to their works. These include rights in respect to copying a work, showing the work in public and broadcasting the work or including the work in a cable programme service. In respect to adaptation, a copyright owner of a literary, dramatic or musical work has an exclusive right to make an adaptation of his/her work (Sections 16 and 34 refer). This includes an adaptation of a screen play. In respect to films, no specific adaptation right is provided since it is considered that an "adaptation" of a film is not possible without infringing one of the rights already existing in the work. This could, for example, involve adapting the screen play in which case the author's rights will have been infringed or adapting the music in which case there could be an infringement associated with the words or the performance. If the film is copied, then this will be a breach of the copyright owner's exclusive right in regard to copying. It is possible that a new work could be created, in which case it will become an original work entitled to copyright.