Intellectual Property
Copyright consists of an exclusive right or rights granted by law, usually for a limited time, to protect the outcome of an expression or expressions of an idea and the particular form that idea may take. The concept has traditionally applied to creative works in the areas of literature, the arts and music and prevents the unauthorised copying or use of the created work. It is closely associated with patents (for inventions) and trade marks (for brands and logos). It is a form of intellectual property right, a concept much talked about today, and contrasts with industrial property which is a legal term for physical things.
Copyright is governed by the 1994 Copyright Act. The Act states that copyright comes into existence automatically ‘when any original literary, dramatic, musical or artistic work , sound recording, film, broadcast, cable programme and published edition, is put into material form e.g. manuscript, audio/video recording. No registration is necessary (or even possible), nor is any other formality required for securing copyright protection.’
Copyright usually lasts for a period of time, usually 50 years from the date of creation of the work. Print publishers have protection over the form of printed edition of a work for 25 years.
There is not central or formal structure for the administration of copyright. The responsibility lies with the copyright owners themselves or with groups or organisations specifically set up to provide licensing for a specific type of work or activity. The principal groups involved are:
- Australasian Performing Rights Association (APRA)
- The Australasian Mechanical Copyright Owners’ Society (AMCOS)
- The Recording Industry Association of New Zealand Inc (RIANZ)
- Screenrights
Current debates about intellectual property right are both contentious and wide-ranging. The issues are complex.