From: thetroll@rata.vuw.ac.nz (The Troll)
Subject: Re: Copyright Laws in New Zealand
Organization: Computing Serv. Ctr, Victoria Uni., Wellington, New Zealand
Date: Mon, 28 Sep 1992 23:53:36 GMT

In article <RLVsRB2w165w@status.gen.nz> jonc@status.gen.nz (Jon Clarke) writes:
>zoltar@glasgow.amigans.gen.nz (Grant Thoms) writes:
>>  How does one go about placing copyright on scripts? we think
>> that you can just place Copyright on them yourself, but want to 
> 
> Grant, I do not know if this applies directly to you but in the USA
> all you have to is (c)1992 Mr A Writer and bingo it copyrighted.

At the risk of appearing to have a vendetta against Mr clarke, I'd like to
point out that the original poster explicity asked for people who were
lawyers or were studying law to answer this question of copyright. 

Last time I looked neither computer programmers or bank managers fell into
the above category. However there is the faint possibility that Mr Clarke
is studying law on the side however if he is then I wouldn't hold much
hope of a sucessful career in law based on his advice to date. 

As someone burdened by having actually read the 1962 copyright act I think
I make some comments about copyright (I also publish a small press
magazine called Phlogiston dealing with Science Fiction). The things to
remember are:

1.	NZ is a signatory to the Berne Convention, this means that we
	abide by the copyright detailed in that agreement. Until very
	recently (last two years) the US was not bound by the Berne
	Convention and had it's own very special copyright laws. 

2.	The 1962 copyright act specifically states that any written work
	is automatically copyrighted as soon as it is written. The author
	does *not* need to do anything to register this copyright. 

3.	The act also states that the copyright is assumed to be held by
	the person whose name appears on the work in the first instance. 
	It also states that in the case of publications, that copyright is
	transfered when an article is published to that publication unless
	an agreement is made chaging this situation i.e if an article is
	purchased for publication the copyright goes with it unless the
	author specifically retains copyright. 

So what does it all mean? It means that putting "copyright joe bloggs" on
a written work may make you feel better, but isn't required but hey it's
only a line. It means that in a case under dispute you as author will have
your rights upheld unless the defendant can show sufficient doubt that you
authored the work, it is the latter tactic that can keep a lawyer well
employed for some time. 

So putting a copyright notice on a written work is something you can do
which doesn't cost anything, but more important is sticking your name on
it. If you provide the work to someone else for money (they had paid you
to do the work) you need to explicity state whether copyright is
transfered or that a license to use is transfered.

And having your work notarised by a JP is nice, and will give you a better
claim of authorship if a dispute over copyright arises, but is probably a
waste of time in the normal course of events. 

Having said all that, I am *not* a lawyer, I'm sure a lawyer could if paid
enough find large holes in the coypright act, and my advice is worth
exactly what you paid for it. If it is that important to you, there is no
subsitute for receiving advice that you have paid for, in the last
instance you can always sue the lawyer for malpractice. Asking for free
advice from lawyers or law students is a dangerous thing to do. Indeed
accepting free advice from *anyone* where money is at stake is a very bad
practice. 

--
Alex Heatley                                Computing Services Centre
Domain: Alex.Heatley@vuw.ac.nz              Victoria University of Wellington