This policy issued in April 2010 replaces any previous NZART documents covering Copyright.
Copyright is governed in New Zealand by the Copyright Act 1994, Copyright (New Technologies) Amendment Act 2008 and the Copyright (General Matters) Regulations 1995 and any amendments or successor Acts and Regulations.
Copyright of an original work currently lasts for 50 years beyond the death of the author.
Publishers copyright currently lasts for 25 years from publication.
The Copyright Tribunal is a statutory body pursuant to section 205 of the Act. The Tribunal hears disputes relating to the provision of licences allowing the copying, performing and broadcasting of works.
An excellent reference web site is that of the Intellectual Property Office of New Zealand (IPONZ) http://www.iponz.govt.nz/cms/copyright/
1. That NZART protects the copyright of the owner in any original material submitted to it. This is for the content not the typographical arrangement of any published version.
2. That NZART specifically assert, where appropriate, the copyright of all material published by it, other than Break-In. This could be done as follows:
Copyright comes into existence when an original work is created or published. In New Zealand there is no register of copyright works and the creation of the copyright is automatic. This also applies to the typographical arrangement of a published edition which includes the layout of the edition which may contain several separately copyright works.
Author and Publisher
Particularly with reference to Break In it should be realised that whilst NZART owns the copyright of the completed magazine and the “as published” content, the original author of articles or advertisements etc retain their respective copyrights. This also means that an article can be re-published by Break-In without alteration. However alterations to the content of the article would need to be approved for publication by the original author.
The creator of a work is normally the copyright owner. However work produced during the course of employment is copyright to the employer unless a contract specifying otherwise has been entered into.
When a person commissions and agrees to pay for a work then the commissioner owns the copyright to the work.
Assign of Copyright
It is also possible for the author to assign copyright to another person but this requires a formal contract to do so and it is advisable to register the assignment of copyright with the IPONZ office.
Multiple Submission of Articles
Articles must not be submitted to several publishers as this can lead to copyright infringement issues for the publishers.
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