Title: The Concept of Originality in New Zealand Copyright Law
Abstract: New Zealand is a common law country, which was settled by the British and inherited the common law legal tradition. New Zealand's copyright law has followed the United Kingdom (UK) approach, and in determining whether a work is sufficiently original for it to be protected by copyright, New Zealand has adopted the "skill, judgment and labor" test. Section 14 of the Copyright Act 1994 provides that copyright protects original works, which are works that are neither copies of other works nor infringing of copyright in other works. The threshold for originality is not a high one, and many works will qualify for copyright under this standard, although there are some works that will not. This chapter discusses the New Zealand approach to determining originality with reference to the seminal cases which have shaped the New Zealand understanding of the requirements for originality, as well as noting challenges which may impact future developments around the originality requirement.
Publication Year: 2023
Publication Date: 2023-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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