Copyright_Protection_in_New_Zealand Flashcards
What is Copyright?
Refers to a bundle of exclusive rights conferred by the Copyright Act 1994 in relation to original works.
These rights allow…?
copyright owners to control certain activities relating to the use and dissemination of copyright works.
Copyright protection attaches to the…?
Original Expression.
Protects the…?
Particular manner expressing an idea or conveying info.
It can’t protect mere…?
info, ideas, schemes, or methods that are capable of being expressed in other ways.
NZ is party to various international agreements including…?
- Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS Agreement)(Annex 1C to the Agreement Establishing the World Trade Organisation (WTO)1994);
- Berne Convention for the Protection of Literary and Artistic Works 1928 (Rome Act revision);
- Universal Copyright Convention 1952
Whist NZ is not a member of the Rome Convention for the protection of Performers, Producers, of Phonograms and Broadcasting Organisation 1961, we are…?
A de facto member of the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of there Phonograms 1971.
The Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of there Phonograms 1971, went further than the Rome Convention to address…?
The issue of “record piracy”
Article 9 of the TRIPS agreement (now the leading international convention in relation to performers, phonograms and broadcasters), incorporates….?
Articles 1-21 of the 1971 revision.
For work or type of material to qualify for copyright protection, 4 conditions must generally be satisfied….?
○ It must fall within one of the categories or subject matter in copyright can exist;
○ It must be sufficiently “original”
○ The “author” must be a “qualified person”
○ Certain works must be fixed either in writing some other material form.
Copyright for Literary works..?
Written works, i.e. Novels, poems, articles, notes and song lyrics; computer programs; tables; and complications, including compilations of works and complications of data.
Copyright for Dramatic works…?
Includes works of dance or mime and scenarios or scripts for films and plays.
Copyright for Artistic works…?
Graphical work, i.e. Paintings, drawings, plans, and maps, irrespective or artistic “quality” or merit; photographs, sculptures and models; buildings and models of buildings; and works of artistic craftsmanship which must have some artistic quality or level of skill.
Copyright for Music works…?
Musical scores or arrangements, but not accompanying lyrics or dances (which could be separately protected as literary or dramatic work.)
Copyright for Sound recordings…?
Recordings or fixation of sounds or literary, dramatic or musical works from which sounds can be reproduced. A recording is protected separately from any copyright that may exist in the work recorded.
Copyright for Films…?
Recording in any media from which moving images can be produced by any means, which includes video cassette (such VHS or BETA recordings), celluloid prints, digital versatile disk (DVDs) recordings, video compact disk (VCD) recordings and films stored on other types of computer disks. The images in a film are protected separately from any copyright there may be in the script or accompanying sound recording.
Copyright for Broadcasts…?
A transmission, that may or may not be encrypted, of a radio or television programme by wireless communication means to, or which is capable of being lawfully received by, a public audience. Copyright arises in respect of broadcasts independently of any copyright in the content.
Copyright for Cable Programmes….?
Is an item (such as a TV programme or film) that is included in a cable programme service. A cable programme service is a transmission service by means of a telecommunication system (other than by wireless communication means) to a public or subscription audience. Copyright arises in respect of cable programmes independently of any copyright in the content carried.
Copyright for Typographical arrangements of published editions…?
Typesets or image of published edition of the whole or part of literary, dramatic or published work (that may or may not itself be protected by copyright). Copyright in a typographical arrangement exists independently of copyright in the published work.
Copyright protection doesn’t apply to certain government work such as…?
○ Parliamentary Bills; ○ Acts of Parliament; ○ Regulations; ○ Bylaws; ○ Parliamentary debates; ○ Select Committee reports; ○ Court and tribunal judgements; ○ Reports of Royal Commissions, Commissions of Inquiry, Ministerial Inquiries or Statutory Inquiries.
Under the Act, the owner of copyright in a work has the…?
“exclusive right” to do certain “restricted acts” in relation to the work.