Copyright Law Copyright ©2004 Stephen Marshall distributed under the terms of the GNU Free Documentation License ( Note: I am not a lawyer, this is provided for information purposes only. If you have a need for advice on copyright matters please consult a lawyer

2 Copying the organisation or structure of another piece of work Creating a new piece of work on the same theme as an existing one but in a new context and without directly copying the existing one Copying sections from another source with an acknowledgement, for a published work Downloading music from an online anonymous peer-to-peer service for your own use Taking a photograph of a friend standing next to a work of sculpture Copying sections from another source with an acknowledgement, for an assignment Photocopying several chapters from a book in the library to give to a friend Copying a music CD to tape so you can play it in your car Copying a friends music CD to MP3 so you can play a song on your computer Spot the Copyright Violations

3 Taking a photograph of a five hundred year old work of art by an old master in a gallery Buying a complete piece of work in order to submit it for an assignment Purchasing a bootleg CD of music while on holiday and bringing it back to NZ for your own personal use Having created a work in collaboration with someone else, you make it available on the internet without discussing it with them Copying an old record to CD so it doesn’t get scratched from use Copying a web site and putting your own words and name into the content part of the pages Photocopying a 100 year old edition of a popular novel for your own use and enjoyment Photocopying a 100 year old edition of a popular novel and selling it to a friend Taking a tape recorder to a public musical performance of a new band and recording it to listen to again later Spot the Copyright Violations

4 14. Copyright in original works— (1) Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions: (a) Literary, dramatic, musical, or artistic works: (b) Sound recordings: (c) Films: (d) Broadcasts: (e) Cable programmes: (f) Typographical arrangements of published editions. (2) A work is not original if— (a) It is, or to the extent that it is, a copy of another work; or (b) It infringes the copyright in, or to the extent that it infringes the copyright in, another work. (3) A cable programme is not an original work if its inclusion in a cable programme service is by way of reception and immediate retransmission of a broadcast. Definition of Copyright New Zealand Copyright Act 1994

5 16. Acts restricted by copyright— (1) The owner of the copyright in a work has the exclusive right to do, in accordance with sections 30 to 34 of this Act, the following acts in New Zealand: (a) To copy the work: (b) To issue copies of the work to the public, whether by sale or otherwise: (c) To perform the work in public: (d) To play the work in public: (e) To show the work in public: (f) To broadcast the work or include the work in a cable programme service: (g) To make an adaptation of the work: (h) To do any of the acts referred to in any of paragraphs (a) to (f) of this subsection in relation to an adaptation of the work: (i) To authorise another person to do any of the acts referred to in any of paragraphs (a) to (h) of this subsection. Definition of Copyright New Zealand Copyright Act 1994

6 43. Research or private study— (1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. (2) For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition. (3) In determining, for the purposes of subsection (1) of this section, whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to— (a) The purpose of the copying; and (b) The nature of the work copied; and (c) Whether the work could have been obtained within a reasonable time at an ordinary commercial price; and (d) The effect of the copying on the potential market for, or value of, the work; and (e) Where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work. (4) Nothing in this section authorises the making of more than one copy of the same work, or the same part of a work, on any one occasion. Definition of Copyright New Zealand Copyright Act 1994

7 44. Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements— (1) Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if— (a) The copying is done by means of a reprographic process or by any other means; and (b) The copying is done— (i) In the course of preparation for instruction; or (ii) For use in the course of instruction; or (iii) In the course of instruction; and (c) The copying is done by or on behalf of the person who is to give, or who is giving, a lesson at an educational establishment; and (d) No more than one copy of the whole or part of the work or edition is made on any one occasion. Definition of Copyright New Zealand Copyright Act 1994

8 open source A method and philosophy for software licensing and distribution designed to encourage use and improvement of software written by volunteers by ensuring that anyone can copy the source code and modify it freely. The term "open source" is now more widely used than the earlier term " free software " (promoted by the Free Software Foundation ) but has broadly the same meaning - free of distribution restrictions, not necessarily free of charge. Open Source “Really, the reason you see open source there at all is because we came in and said there should be a platform that's identical with millions and millions of machines,” Bill Gates Source :The Free On-line Dictionary of Computing, © Denis Howe

9 Object code distributions must provide access to source code at no charge Any derivative of GPL'd code must be licensed as a whole at no charge to all third parties under the terms of this License GPL

10 “Our ultimate goal is to develop a rich repository of high-quality works in a variety of media, and to promote an ethos of sharing, public education, and creative interactivity.” Creative Commons