Brookers Copyright Precedents will guide you through the actions and procedures necessary to assert, exercise and protect the rights conferred by the Copyright 1994.

While copyright is an automatic right, action is often needed to assert or protect that right, Brookers Copyright Precedents outlines the key elements of copyright in New Zealand and provides the documents and resources necessary to give expert advice and assistance to a client.

The precedents and documents in this service provide sample notifications of rights and requirements. Checklists show all the elements which must be fulfilled before a course of action can be taken, and sample letters allow quick initiation of action or a warning to anyone believed to be infringing copyright. All court forms and documents necessary for an action are also included.

Brookers Copyright Precedents also contains detailed information on international copyright, with guides to all relevant international conventions and border procedures.

Introduction

• Extent and Duration of Protection
• Structure of Copyright Act 1994
• Definitions

Nature and Purpose

• Nature and Purpose
• How it Vests

Ownership

• The “author”
• Employee inventions
• “Commissioned” works
• Joint ownership
• Moral rights
• Crown copyright
• International organisations

Copyright and trademarks

Industrially-applied Copyright

• What is it?
• Duration
• Exclusions
• Lapsed patents and designs

Crown Copyright

• What is it?
• Joint authors
• Duration
• Act binds Crown
• Works in which no copyright vests
• Rights
• Copyright notice
• Case law

Duration

• Literary
• Dramatic, musical or artistic works
• Unknown Author
• Sound recordings and films
• Broadcasts and cable programmes
• Artistic works industrially applied
• Sculpture
• Typographical Arrangements

Copyright in Specified International Organisations

Performers’ Rights

Infringement and Litigation

• Requirements for an action to qualify as copyright infringement
• Infringement of Copyright Act 1993
• Interim injunctions
• Criminal sanctions
• Forms

Non-Infringement

• Incidental copying
• Fair dealing
• Permitted use - Educational exceptions

Confidential Information

• Overview Forms

Licensing

• Exclusive licensee
• Binding on subsequent owners
• Licensing Schemes
• Copyright Tribunal
• Forms

Assignments

• Transferable rights
• Manner of transfer
• Sale of business assets
• Timing of transfer
• Unpublished works
• Forms

Border Protection

• Definitions
• Customs Notices
• Duration
• Who may file?
• Delegation of powers
• No criminal or civil liability
• Regulations
• Procedure under Copyright Act
• Forms

Moral Rights

• Definition
• Who owns them?
• Enforceability
• Non-assignable
• Remedies
• Exclusions
• Case law
• Duration
• Moral rights in parts of works

Copyright valuation

Copyright issues relating to three dimensional printing

Copyright (New Technologies) Amendment Act 2008

Copyright (Infringing File Sharing) Amendment Act 2011

Copyright (Infringing File Sharing) Regulations 2011

International Conventions

• TRIPS
• Berne
• UNESCO
• Geneva
• Other conventions
• Full text of selected conventions