A discussion document, "The Commissioning Rule, Contracts and the Copyright Act 1994" prepared by the Ministry of Economic Development, has been released for public consultation.

The works to which the commissioning rule currently applies are photographs, computer programs, paintings, drawings, diagrams, maps, charts, plans, engravings, models, sculptures, films and sound recordings. A discussion document, "The Commissioning Rule, Contracts and the Copyright Act 1994" prepared by the Ministry of Economic Development, has been released for public consultation.

The works to which the commissioning rule currently applies are photographs, computer programs, paintings, drawings, diagrams, maps, charts, plans, engravings, models, sculptures, films and sound recordings.Where these works are commissioned, the person who commissions the work will be the first owner of copyright, rather than the creator. The discussion paper seeks public submissions on the adequacy of this provision, and in particular, whether any changes or amendments are considered necessary.

It seeks submissions on the adequacy of a provision in the Copyright Act 1994 relating to the ownership of copyright in commissioned works ("the commissioning rule").
The paper also considers the more general question of the relationship between copyright and contract law.

The government is aware of concerns raised by stakeholders in the
photographic industry, however, at this stage, it is not clear whether
other industries, outside the photographic industry, have substantial
concerns with the commissioning rule.

The discussion paper also addresses the interface between copyright and
contract law, and in particular, the ability to contract out of
copyright legislation. It seeks submissions regarding the prevalence and
effects of contracts that vary copyright provisions and the relevance of
these provisions to commercial business models. On the basis of the
information received, the government will decide whether further work on
this issue is required.

Individuals and businesses affected by the commissioning rule or concerned about effects of contracts that vary copyright provisions, especially authors and creators, businesses and individuals commissioning photographs and other works, the cultural sector, copyright owners, users of copyright works, non-governmental organisations, are encouraged to make submissions. Please feel free to
forward the discussion document to members of your organisation or
individuals who might have an interest in the topic.

An electronic version of the discussion paper is attached and also
available on the MED website at www.med.govt.nz
(under "documents under discussion"). Hard
copies are available upon request.

The closing date for submissions on the discussion paper is 31 May 2006.

Emailed submissions are encouraged. They should be sent to:
CopyrightAct@med.govt.nz.

Alternatively, submissions can be sent to:

http://www.govt.nz - connecting you to New Zealand central & local government services