Legal rights
Copyright law
Your rights explained
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 copy of albums I own?
Yes. A recent amendment to the Copyright Act means that you can copy music – in the Act as "sound recordings" – you own for your own personal use. However, you can only make one copy for each device that the music is copied to. So you can copy a CD to your computer, but only once. And you can only make one copy on recordable CDs.
I can make a copy for my car, or a compilation dance CD for a party?
That's right. But only one. Making more than one copy is a breach of copyright. And you definitely can not sell the copy or lend it to anyone. Each copy you make has to be for your use only.
What about my mp3 player?
The rise of iPods and other mp3 players was part of the reason the Act was updated. It is legal to make a copy of music you own on a portable device (or computer), and it's also legal to copy the music to each device or computer in your house – if you have more than one person with an mp3 player. But you can't then sell the device with the music still in it.
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.
Can I download mp3s from the internet and copy them to CD?
Sure – as long as they were obtained legitimately – either purchased from an online store or from a legal free download. As we said before, if you own the music legally then you can make a copy.
However, always check the terms and conditions on the site.
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.
So what about DVDs and downloaded movies?
Currently the Copyright Act doesn't allow for you to make copies of movies in the same way as music. This may change in the future but currently making copies of movies as back-ups or to watch on a portable device is illegal.
And movies should only be downloaded from legal online stores.
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. But most modern game systems have pretty hefty copy protection on them and are made on blu-ray or similar formats, so copying might not be a simple procedure.
But I've seen lots of "backups" of movies and 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. So don't buy them either.
Enough already. What can I use a CD or DVD burner for?
Well, as we said you can back-up your CDs, but not your DVDs. And you can do what you like with material you have created (or otherwise own the copyright on), such as photos or video, music or other sound recordings you have composed and/or performed.
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.
I've seen CC around, what's that?
CC stands for Creative Commons. It's a simple form of copyright that copyright owners can use if they don't mind some people using their work. Usually it means that you can use their work (such as quoting an article or sampling some music) as long as it is not for profit. But as always, check before using. See www.creativecommons.org.nz for more information.
Changes to the Copyright Act
In April 2010 amendments to the Copyright Act were proposed. These are about what your internet service provider (ISP) should do if you are accused of breaching copyright law.
The new change hasn't yet been brought into force. We'll let you know when it is.