New Zealand copyright law is clear about what can and can't be copied, but many people are not familiar with the rules. We answer the common questions.
Can I make a CD from albums I own?
No. New Zealand copyright law says the copyright owner has an exclusive right to copy their own work. This means you cannot copy an album or tracks to CD, tape or any other media, unless you are given permission by the relevant copyright holders.
I can't make a copy for my car, or a compilation dance CD for a party?
That's right.
What about making a backup in case the original gets damaged?
The misconception that this is legal probably spread from America, where the issue is murkier than it is here. Some US groups argue that making a backup (or compilation) of owned material is acceptable under the "fair use" doctrine. The Recording Industry Association of America disputes this, but the argument is not yet settled.
Can I make "fair use" of material in New Zealand?
Yes you can. But our copyright law defines "fair use" more specifically. It applies only to copying for the purpose of criticism, review, news reporting, research or private study. It doesn't include backing-up music.
I taped a concert I went to.
Can I copy this onto CD?
Making a recording of a concert without permission is in itself illegal. Making further copies is worse. This practice is called "bootlegging" and carries serious penalties.
Next you'll be saying I can't tape off the radio or TV!
Well, you can, but only for the purpose of "time shifting" - making a recording to be viewed or listened to at a more convenient time. You're not supposed to keep the copy for any longer than necessary. Sorry, but that collection of Dr Who videos you recorded back in the 1980s should really be wiped clean.
Can I download MP3s from the internet and copy them to CD?
Sure - as long as they were obtained as legitimately free downloads or purchased legitimately, from a site authorised by the copyright holders to sell them. Check the terms and conditions on the site.
If a website gives general advice about copyright privileges, bear in mind this may not be applicable to New Zealand law, especially if the website is based overseas.
Is computer software different?
In some respects, yes. If you are the lawful user of a program (having acquired the licence to use it) and are not expressly forbidden by the licence, you can make a backup to use if the original is lost or rendered unusable.
Can I lend my backup of a computer game to a friend?
Your backup can be used only by you and only if the original disc is unusable or lost.
So I can't give away backups of my Playstation games either?
That's right.
But I've seen lots of "backups" of Playstation games for sale on auction websites.
Piracy is so rife it's difficult to stamp out. The terms and conditions on most sites do state users must not sell illegal goods, but this doesn't seem to stop people.
Does copyright expire?
Copyright in a sound recording or film expires 50 years after the end of the year in which it was made. Computer software follows the rules for literary work: the copyright expires 50 years from the end of the calendar year in which the last living author of the work dies.
What are the penalties for breaking copyright law?
Civil and criminal penalties may apply. Depending on the magnitude, intent and other factors such as whether it's a first offence, the penalty may be as little as having all your copies confiscated or as much as a $150,000 fine and three-month jail sentence.
Is copying without permission ever acceptable?
Students, educational institutions, libraries and governments are sometimes allowed to reproduce copyrighted materials, but the circumstances are very limited. See
www.copyright.co.nz, or contact a lawyer specialising in copyright law for more detailed advice.
Enough already. What can I use a CD or DVD burner for?
You can do what you like with material you have created (or otherwise own the copyright on), such as photos or video taken with a digital camera, music or other sound recordings you have composed and/or performed.
Changes to the Copyright Act
In April 2008 a law was passed to amend the Copyright Act.
One of the changes was to allow "format shifting" - copying music you have already bought, onto a different media. This will make it legal for you copy a CD to a tape, in order to play it in your car stereo, for example.
The Act hasn't yet been brought into force. We'll let you know when it is.
http://www.consumer.org.nz/topic.asp?category=Legal%20Rights&subcategory=Travel%20%26%20entertainment&docid=1800&topic=Copyright%20law&title=Your%20rights%20explained&contenttype=summary&bhcp=1Linkback:
https://tubagbohol.mikeligalig.com/index.php?topic=18294.0
Topic: Clarifications on New Zealand's Copyright Law (Read 850 times)