Creative Rights for Creative People
Check out the presentation slides here.
Curious about copyright? One of the challenges we creative people face is that common knowledge of copyright is sometimes at variance with the actual law, leading to misunderstandings, infringements and confusion. Let’s talk about knowing and protecting our rights, why they exist and the cultural and financial value of our work and rights. We’ll also discuss user privileges, and understand how to determine infringement.
In this engaging session, funded by Manatū Taonga Ministry of Culture and Heritage, and presented by Copyright Licensing New Zealand (CLNZ), Karen Workman will be giving us an overview of our rights as creators, building our basic understanding of Copyright and guiding stronger business practices. Let’s demystify the Copyright Act, and learn how to “do the right thing” as we sharpen our business acumen and build a stronger creative platform.
(Artist) Life School is a series developed by Audrey Baldwin for The Physics Room. It brings together contemporary artists to further develop professional skills, and sets out to answer the curly questions around maintaining a practice out in the
world. Ideal for recent graduates and emerging artists, each workshop hosts an industry professional to discuss the realities of making, resourcing, and showing your work. This is the sixth event in the (Artist) Life School series.
KAREN WORKMAN
Karen Workman was born in Taupō, and has been around the world and back again, with a hand in the creative arts at every turn. She gained a Bachelor in Commerce and Administration in Marketing and Management and Bachelor of Music (Hons) in Piano from Victoria University of Wellington, Doctorate of Musical Arts in Piano performance from the Cleveland Institute of Music, Ohio, USA. Karen has played with orchestras and accompanied soloists around the world. She has spearheaded the development of curriculum for film programmes for high school students, and is passionate about sharing information and supporting creative people in their endeavours and career development.
NOTES FROM KAREN’S PRESENTATION
Copyright: one protection for intellectual property. This is protection that everyone automatically has the right to through law. (Unlike trademark or patent, you don’t need to apply or register for these rights.)
By law new original work, in a fixed and tangible form, by an identifiable creator. In Aotearoa this includes both physical and digital work.
Copyright does not protect ideas, concepts and facts, only the expression of these.
In Aotearoa Te Tiriti can give another layer of protection. With following tikanga and receiving permission from local Kaitiaki. There is protection through cultural authority.
When you’re using something that could be copyrighted but are unsure of the source, keep a history of what you did to try and find the original creator. This will help if someone comes forward and accuses you of copyright infringement.
If you were employed or were commissioned to create a work the employer has the protection of copyright, not the creator. This is because the creator would have been influenced by the other party.
This is why it is important to have a contract that both parties have a mutual understanding of, and In this you need to explain what is yours and what is theirs.
Licence, contract, agreement establishes who has the copyrights. It is important to put it in writing, keeping a paper trail means if there is any confusion on who has rights you can go back and clarify.
“Lack of a contract is a bad idea”
Everyone also has rights to object to derogatory treatment (if something has been put out that can harm your reputation), as Well as the right to privacy (moral rights).
Derivatives – duplications with similar expressions but transformative. This means a work could include an image, icon, etc that is copyrighted and express it in a way that says something new. That could then be considered original because it has a
different meaning, giving the creator of the new work copyright protection.
Although the more original your work is, the more protection you will have.
You can create things ‘out of copyright’ which means something is ‘public domain’ once you have released something as public domain you can not go back and demand copyrights.
Copyright works are only protected for the lifetime of the person +50/ or 70 years (unless stated otherwise in a legal document such as a will). You don’t need permission or a licence to use.
It is also important to keep drafts and old creations or documentation of these things because these can be used as proof of ownership, and a starting point of creation.
The three proofs of infringement are valid with any art discipline.
If you feel someone has violated your copyrights you don’t have to immediately go to take legal action. First you can try reaching out to the person. It is important to know what you want the resolution to be. You don’t have to have financial gain be the outcome of resolution you can find other ways where both sides are being uplifted.
You can contact Karen if you have further questions, reaching here via this email:
karen@copyright.co.n