Sunday, 12 June 2022

Extension of NZ Copyright Term

 Flag of New Zealand.svg

Jane Lambert

New Zealand is a country of just over 5.1 million people on the other side of the world.  It was, however,  the third-largest music streaming market for UK artists in 2020 according to the Department for International Trade (see DIT News Story UK music execs hail benefits of UK-New Zealand trade deal  16 April 2022). It adds: "the enhanced protections secured in this forward-looking trade agreement will strengthen this creative cultural relationship." 

The enhanced protection to which the news story refers is art 17.48 (1) of the UK-New Zealand Free Trade Agreement which provides:

"Each Party shall provide that the rights of an author of a work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after the author’s death."

As s.12 of the Copyright, Designs and Patents Act 1988 already complies with art 2 of Berne, art 17.48 (1) of the FTA requires the amendment of s.22 of the New Zealand Copyright Act 1994 to extend the duration of copyright protection in New Zealand for another 20 years.

The DIT considers this extension of sufficient importance to place it on the front page of its website.  It quotes Geoff Taylor, Chief Executive BPI, BRIT Awards and Mercury Prize as follows:

"We are grateful to the Government for their dedication to promoting our world-leading IP standards and hope that this will continue to be a priority in further negotiations taking place around the world.”  

The news story is not just about the extension of the duration of copyright in New Zealand.  It also features a business that makes guitars. 

Readers who want to know more about the IP provisions of the free trade agreement may refer to my article The New Zealand Free Trade Agreement: IP Provisions of 24 Oct 2021 in which I discussed the IP provisions of what was then the proposed agreement.  In the agreed treaty the IP provisions are to be found in section 17.  I have indexed my articles on New Zealand here.

 Anyone requiring further information about copyright protection outside the UK should call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.

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