The New Zealand Government recently announced revisions to the Copyright Act 1994, aiming to align New Zealand law with that of other developed countries and to fulfill its relevant obligations under free trade agreements signed with the European Union and the United Kingdom.

The principal revisions include:

Extending the term of protection for copyright and related rights by 20 years, to 70 years after the death of the creator or 70 years following publication;

Extending the term of protection for visual artists' resale rights by 20 years;

Expanding the scope of protection for digital locks (technological protection measures), prohibiting any circumvention of digital locks except under specified circumstances;

Providing a legal pathway for the preservation and utilization of collections in galleries, libraries, archives, and museums (GLAM), allowing the use of orphan works, the making of digital copies for preservation and open access, and applying current research and private copying rules to all GLAM institutions;

Establishing a legal framework for courts to order Internet Service Providers (ISPs) to block overseas websites infringing the copyright of New Zealand creators, thereby strengthening defenses against overseas piracy;

Authorizing copyright licensing organizations to take collective action on behalf of copyright owners to halt infringing acts;

Clarifying that the right of first distribution is exhausted only where the copyright owner has consented to sales overseas, thereby strengthening control over the parallel importation of infringing copies;

Amending the default rules for commissioned works, stipulating that the creator, rather than the commissioning party, is the initial owner of copyright, unless otherwise agreed by both parties.

Elena Szentiványi, Director at Henry Hughes IP in Wellington, stated: "These amendments strengthen the rights of creators and copyright owners by providing broader and longer-term protection. While the extension of the protection term may exert a certain chilling effect on New Zealand's creative vitality, the digitization of GLAM collections will enhance public engagement and facilitate work preservation. Although this may not entirely offset the impacts of copyright extension, it will help ensure that more works can be used and accessed."

Meanwhile, the Copyright (Parody and Satire) Amendment Bill has been referred to a New Zealand parliamentary select committee for consideration. The Bill proposes to introduce a fair exception for parody and satire, permitting parody and satire of literary, dramatic, musical, or artistic works without constituting infringement.

"Introducing a fair dealing exception for parody and satire modernizes New Zealand law and brings it into line with the laws of many other jurisdictions. The new fair dealing exception for parody and satire will not affect authors' moral rights. This means that authors of literary, dramatic, musical, or artistic works still retain the right of attribution, the right to object to derogatory treatment of their work, and the right to object to false attribution," Szentiványi explained.

However, she added that two issues were nevertheless set aside due to their significant complexity. First, the aforementioned revisions failed to advance the protection of Māori culture and traditional knowledge. "It is regrettable that while the law moves swiftly to follow international agreements, it has failed to protect indigenous knowledge," she lamented.

The other unresolved issue, in Szentiványi's view, is the failure to make provisions for copyright protection relating to Generative Artificial Intelligence (GenAI). She noted that while the types and applications of GenAI tools are expanding rapidly, the government has inclined toward taking a wait-and-see approach.

The revisions related to free trade agreements are expected to be enacted before May 1, 2028, to fulfill agreement obligations.

Meanwhile, the Copyright (Parody and Satire) Amendment Bill will remain under consideration by the select committee until October 1, 2026.