New Zealand Copyright for Musicians[1]

New Zealand Copyright for Musicians[1]

by Mark von Dadelszen, Consultant, Bannister & von Dadelszen, Solicitors, Hastings   What is copyright? Copyright is a property right that comes into existence automatically in respect of original qualifying works, and it applies to a wide range of items including toilet pan connectors, kiwifruit trays, clothing, and musical scores, with original literary and musical works being expressly listed as such qualifying works (Copyright Act 1994, section 14). Copyright is owned (with a small number of exceptions) by the creator or author of the work, or by anyone who has paid or agreed to pay for a commissioned work, and copyright ownership can be transferred and use of copyright work can be the subject of licences. The discussion that follows summarises the implications for musicians of most of these issues as well as infringement of copyright. Ownership of copyright gives the owner the exclusive right under section 16, Copyright Act 1994, to: Copy the work, To issue copies of the work to the public, To perform the work in public, To play the work in public, To show the work in public, To communicate the work to the public, To make an adaptation of the work, To do (a) to (f) above to an adaptation of the work, and To authorise another person to do any of the acts referred to in (a) to (h) above. Copyright does not exist indefinitely. Copyright only attaches to literary and musical works until 50 years from the end of the calendar year in which the author dies. If there is more than one author (such as composer of a musical score and...

Retirement from Partnership

From 30 November 2017, Mark von Dadelszen ceased to be a Partner of the firm and became a Consultant.  Mark became a Partner on 1 April 1972, joining his father John, his brother Paul, and Ralph Bannister.  As a Consultant Mark will continue to focus on his specialist areas of work with societies and charities, and will generally not take on new work in other areas of legal practice.  He will usually be in the office on Tuesdays, Wednesdays and Thursdays unless he has engagements out of the office.  He remains committed to the firm, but is looking forward to have more time to pursue other interests....

INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights are potentially extremely valuable to commercial businesses, but also to not-for-profit entities, and the potential to lose that value is great. There are also risks if a business or a not-for-profit entity fails to respect the intellectual property rights of others. Intellectual property law is complex and poorly understood. While industrial espionage may be uncommon in New Zealand, intellectual property rights should be protected because they: Help establish or maintain a commercial advantage over competitors, Preserve the benefits of investments in new ideas and products and in research and development, Enhance the reputation and goodwill of an entity and its products, Provide a potential basis for revenue through franchising, licences and agencies, and Protect and enhance the interests of others which enjoy the benefits of intellectual property rights “downstream” from the entity holding those rights. Intellectual property rights are protected by Acts of Parliament, but also through “judge-made” law developed by the Courts. Many of the areas of protection overlap, and Court proceedings to protect intellectual property rights commonly involve several areas of the law. There are three broad and sometimes overlapping types of intellectual property rights: Reputation – Protection of a business or not-for-profit through its trading name, trade marks and methods requires protection, primarily through the law relating to Passing Off, the Trade Marks Act, and the Fair Trading Act. Protection of Ideas – Inventive ideas and operational “know-how” are also valuable, and the Patents Act, the Plant Variety Rights Act, and the protection of commercial secrets are particularly relevant. Protection of Designs – The physical expressions of creative ideas are protected under the...
Changes to civil debt enforcement

Changes to civil debt enforcement

From 14 April 2014 there will be a change in how the collection of civil debt can be enforced through the District Court, Tenancy Tribunal and Disputes Tribunal. The key changes include: The ability to apply for an attachment order without a financial assessment or hearing taking place, Attachment orders will be able to be agreed between the parties at hearings in the District Court, Tenancy Tribunal (including tenancy mediation) and the Disputes Tribunal, Either the debtor or creditor can file a financial statement as to the debtor’s financial means, and Financial means assessments can be completed over the telephone with Court staff, without the need for the creditor to be present or a formal hearing. Please contact Mark von Dadelszen to discuss your civil debt enforcement options in further...