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WEEKLY NEWS - SEPTEMBER 29, 2008

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This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

New Zealand allows photographers to keep rights

Peter Ollier, Hong Kong

New Zealand’s government has introduced an amendment to its Copyright Act that would repeal a rule giving the commissioners of certain works the copyright, rather than the creators themselves

On September 19, associate commerce minister Judith Tizard introduced the Copyright (Commissioning Rule) Amendment Bill. The commissioning rule states that a person who commissions a sound recording, film, computer program or specified artistic works is the first owner of the work.

“Repealing the rule is intended to simplify the law by ensuring consistent application of default copyright ownership across all categories of commissioned works. It could also assist creators to retain copyright in their original works, which would in turn expand their ability to create future works,” said Tizard in a statement.

The New Zealand Institute of Professional Photography, The Advertising and Illustrative Photographers Association and the Designers Institute of New Zealand have all released statements supporting the amendment.

“Repeal of the commissioning rule will bring New Zealand in line with most of our trading partners such as Australia, UK and the US and will mean that we will finally comply with the Berne Copyright Convention 2 which was signed in New Zealand in 1928,” said NZIPP president Chris Parker in a statement.
New Zealand will hold a general election on November 8 this year, which means the bill is unlikely to become law before 2009.

Tizard also announced a review of a copyright exception for parody and satire and said that a discussion document would be circulated by December this year.



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