Copyright Act 1994

Protecting Creative Work in the Digital World

Copyright is an important part of New Zealand’s intellectual property system.

It gives creators legal protection over original works and controls how those works can be used, copied and distributed.

For IT professionals, copyright is especially important because digital technology makes it extremely easy to copy, modify, publish and distribute creative work.

The Copyright Act 1994 is the main New Zealand law governing copyright.

What does copyright protect?

Copyright can apply to a wide range of original works.

Examples include:

  • Written content

  • Photographs

  • Illustrations

  • Graphic designs

  • Music

  • Films and videos

  • Sound recordings

  • Computer programs

  • Websites

  • Digital artwork

Copyright protection is generally automatic when an eligible original work is created.

A creator does not normally need to register copyright in New Zealand.

Why does copyright matter in IT?

IT professionals regularly create and use copyrighted material.

Examples include:

  • Software code

  • Website designs

  • Images

  • Videos

  • Icons

  • Fonts

  • Documentation

  • Graphics

  • Music

  • Training materials

Copyright is therefore relevant to both creating digital content and using content created by other people.

For example, downloading an image from Google Images does not automatically mean that the image can legally be used on a website.

The person who created the image may own copyright in it, meaning permission or an appropriate licence may be required before it can be used.

Before using content, an IT professional should consider:

  • Who created it?

  • Is it protected by copyright?

  • Do I have permission to use it?

  • Is a licence required?

  • What does the licence allow?

  • Am I required to provide attribution?

  • Am I modifying or redistributing the work?

Copyright infringement

Copyright infringement can occur when someone carries out a restricted act without the copyright owner’s permission and no legal exception applies.

Examples can include:

  • Copying software without permission

  • Uploading copyrighted images to a website without permission

  • Reproducing another person’s written content

  • Sharing copyrighted films or music illegally

  • Copying substantial sections of a website

  • Distributing unauthorised copies of software

In a professional environment, copyright infringement can result in:

  • Legal disputes

  • Financial consequences

  • Removal of content

  • Damage to reputation

  • Loss of trust

IT professionals should therefore consider copyright when creating, copying, modifying or distributing digital content.

Fair dealing

New Zealand copyright law contains specific exceptions that allow certain uses of copyrighted works.

One important example is fair dealing for research or private study.

Section 43 of the Copyright Act 1994 provides that fair dealing with a work for the purposes of research or private study does not infringe copyright.

However, whether copying is fair depends on factors such as:

  • The purpose of the copying

  • The nature of the work

  • Whether the work could reasonably have been obtained commercially

  • The effect of copying on the market or value of the work

  • The amount and substantiality of the material copied

The law therefore does not mean that people can freely copy any amount of copyrighted content simply because they are studying.

The circumstances and amount of copying still matter.

Criticism, review and news reporting

Copyright law also contains provisions relating to criticism, review and news reporting.

Where an exception applies, appropriate acknowledgement may be required.

This is particularly relevant to digital content because websites, blogs, online publications and social media can involve the reproduction or discussion of other people’s creative work.

A person should therefore understand whether their use of copyrighted material falls within a legal exception before reproducing it.

Copyright and software

Computer programs can be protected by copyright.

This means software developers need to consider copyright when:

  • Creating code

  • Copying code

  • Modifying code

  • Combining code

  • Distributing software

  • Using third-party libraries

Software developers should understand the rights associated with code they create and the conditions attached to code created by others.

Open-source software

Open-source software is also protected by copyright.

Open-source does not mean that software has no owner or that it can be used without conditions.

Different open-source licences have different requirements regarding how software can be used, modified and distributed.

Before using third-party code, developers should check:

  • The software licence

  • Attribution requirements

  • Redistribution requirements

  • Modification requirements

  • Commercial-use restrictions

  • Licence compatibility

Following the licence is important even when the software is freely available.

Copyright and websites

Websites commonly contain multiple types of copyrighted material.

This can include:

  • Written content

  • Images

  • Logos

  • Graphics

  • Videos

  • Music

  • Code

  • Website layouts

  • Original designs

The fact that content is publicly available online does not automatically mean that it can be copied and reused.

For example, copying an article from another website and publishing it on a new website may infringe copyright.

IT professionals and web developers should therefore use original material or ensure that they have the appropriate permission or licence.

Māori knowledge and cultural property

Copyright can become more complicated when dealing with Māori cultural knowledge and mātauranga Māori.

Mātauranga Māori is a broad body of knowledge originating from Māori ancestors. It includes Māori world views, perspectives, creativity and cultural practices, including Te Reo Māori.

Traditional knowledge can be difficult to protect using conventional intellectual property systems because conventional intellectual property rights are generally designed around identifiable creators or owners.

Traditional knowledge can instead be:

  • Collectively held

  • Passed between generations

  • Connected to cultural identity

  • Developed over long periods

  • Associated with particular whānau, hapū or iwi

This creates important legal and ethical considerations for digital content creators.

Something being publicly available online does not necessarily mean that it is appropriate to copy, commercialise or reuse.

IT professionals should consider cultural context and seek appropriate guidance when using Māori cultural material.

Why is mātauranga Māori important in IT?

Digital technology makes it easy to copy and distribute cultural material.

For example, images, designs, stories, language resources and other cultural material can be copied from websites and social media and incorporated into new digital products.

However, the technical ability to copy something does not necessarily mean that copying it is legally or culturally appropriate.

IT professionals should therefore consider:

  • Who created the material?

  • Who has rights or interests in it?

  • Is the material culturally significant?

  • Is permission required?

  • How will the material be used?

  • Could the use be disrespectful or harmful?

  • Is the material being commercialised?

  • Should Māori communities be involved in decisions about its use?

Respecting cultural material is an important part of responsible technology practice in Aotearoa New Zealand.

Responsible digital use

A responsible IT professional should not only ask whether something is technically possible to copy.

They should also ask whether it is legally permitted and ethically appropriate.

Good practice includes:

  • Creating original content

  • Obtaining permission where required

  • Checking licences

  • Crediting creators

  • Using legitimate software

  • Respecting cultural material

  • Avoiding unauthorised redistribution

  • Keeping records of permissions and licences

IT professionals should also educate users and colleagues about copyright where appropriate.

Copyright in everyday IT work

Copyright can affect many everyday activities in an IT environment.

For example, an IT professional may need to determine whether they can:

  • Use an image on a website

  • Install software on an organisation’s computers

  • Copy code from an online repository

  • Modify open-source software

  • Use a font in a commercial project

  • Reproduce documentation

  • Include music in a video

  • Redistribute software to customers

Checking copyright and licensing requirements before using material can prevent legal and professional problems later.

Summary

The Copyright Act 1994 protects creative works and is highly relevant to modern IT.

Digital technology makes copying and distributing information extremely easy, but technical ability does not automatically create legal permission.

IT professionals need to understand:

  • Copyright

  • Copyright infringement

  • Fair dealing

  • Licensing

  • Open-source software

  • Responsible digital use

When dealing with Māori cultural knowledge and mātauranga Māori, legal considerations should be accompanied by cultural awareness and respect.

Responsible technology practice means considering both the legal rights of creators and the cultural values and interests of communities.

References

Intellectual Property Office of New Zealand. (n.d.). Get IP.

Intellectual Property Office of New Zealand. (n.d.). Māori IP.

Intellectual Property Office of New Zealand. (n.d.). Māori culture and intellectual property.

New Zealand Legislation. (1994). Copyright Act 1994.