BSA103 Copyright permission, infringement and moral rights summary.

Copyright permission.
Generally, to use someones work, you need to have permission from the copyright owner.
You can only use someone else's work where without worrying abouyt copyright for reasons such as:

• You are only using an unsubstantial part. 
• If the copyright has expired. 
• If a copyright exception applies:

1.  Fair dealing for criticism or review. 
2.  Educational use. 
3.  Exceptions for public administration.

You can use works without copyright if you get certain licences.

Copyright Licensing New Zealand (CLNZ) is a license for re-creating work in books.

Australasian Performing Right Association (APRA) licenses performers to publicly play their music. 

Recorded Music NZ allows performers to publicly play sound recordings.

OneMusic allows businesses to broadcast music publicly. 

Screenrights allows films to be used for educational purposes. 

In order to obtain permission you should write a letter containing:

•  The date.
•  The name and contact details of the copyright owner.
•  A brief description of yourself and why you want to use the relevant work.
•  Detailed information about the work (or specific part of the work) that you want to use. Include ISBN numbers to identify editions of books and URL links for works found on the Internet. 
• Where possible, include page numbers, chapter titles, quotations etc.
•  A precise description of how you want to use the work, including which parts of the work. For example: how many copies you want to make; where you wish to perform the work and for which audience; how you wish to adapt the work; or how you propose to distribute the work (such as uploading it on your website, selling printed copies for profit etc).
•  Request confirmation that the person to whom the letter is addressed is the only copyright owner in relation to the work. Request information on any other copyright owner that you may need to contact.
•  Request permission to use the work as you have described.
•  Ask if there is any preference about how you credit the work.
•  Ask the copyright owner to respond to you by a nominated date. Give a reasonable time for your letter to be considered and a reply sent. Remember that the copyright owner is not obliged to reply to your letter or give permission to use the work.
•  Your contact details.

Acknowledging the creators is not a substitute for permission. 

All works found on the internet are not subject to Free license. 

Claiming to have been unable to identify the copyright owner is no defense against a copyright claim.

It is recommended to have a copy of the copyright holders permission to use the work in writing. 

Infringement of Copyright.

Copyright has been breached when someone takes all or a substantial part of your work. 

A person who authorises someone else to infringe copyright will also infringe

copyright. Courts have said that to authorise means to "sanction,􀀏 approve or

countenance" the infringing conduct. A person may authorise infringement by telling

someone else to do something that amounts to infringement, or by permitting the use

of equipment (such as a photocopier or CD burner) to infringe.

Examples of copyright:

• Selling, hiring or broadcasting to the public. 
• Importing infringing copies to New Zealand.
• Importing a film to New Zealand within 9 months of it first being made public to the world. 

If your copyright has been infringed:

• Get a lawyers advice.
• Decide what you want. 
• Contact the infringer. 
• Court action.
• Criminal penalties. 

It is up to the copyright holder to report when their copyright has been infringed. 

Moral Rights. 

Under the Copyright Act 1994, creators have certain moral rights in relation to works

or films they have created. Moral rights are often referred to as “personal rights” and

are separate from copyright rights − which are often referred to as “economic rights”.

Moral rights remain with the creator, even when copyright is owned by someone else.

Moral rights give creators:

• the right to be identified as the author of the work, or director in the case of a film

(right of attribution);

• the right to not have a work falsely attributed to them; and

• the right to object to derogatory treatment of the work (right of integrity).

Moral rights holders have the right to object to a false adaption of a work. 

They have the right to object to a derogatory treatment of their work. 

Moral rights are not infringed when creators have given their consent. 

Moral rights apply to a person who doesn't give their permission to feature in a photograph. 

Moral rights cannot be sold.