Copyrights Law in Tokelau (NZ)
Copyright Law in Tokelau (New Zealand)
Overview
Tokelau is a dependent territory of New Zealand, composed of three atolls in the South Pacific. Because Tokelau is self-governing but under New Zealand sovereignty, New Zealand laws generally do not automatically apply there unless explicitly extended. Tokelau has its own legal system but relies heavily on New Zealand legislation and international treaties for certain areas.
Regarding copyright, Tokelau does not have a specific, detailed copyright law of its own. Instead:
The copyright framework in Tokelau is largely governed by New Zealand copyright law, or by local ordinances that may incorporate New Zealand’s legislation.
New Zealand’s Copyright Act 1994 is the primary law covering copyright in New Zealand, and it may apply to Tokelau either by extension or reference.
International treaties to which New Zealand is party, like the Berne Convention, generally extend to Tokelau through New Zealand.
1. Applicable Law
The New Zealand Copyright Act 1994 is the main copyright law relevant to Tokelau.
Tokelau may adopt or reference New Zealand laws for intellectual property unless it legislates otherwise.
International treaties ratified by New Zealand, such as the Berne Convention and WIPO treaties, extend to Tokelau.
2. What is Protected?
Under New Zealand copyright law (and thus in Tokelau by extension):
Original literary works (books, articles, software)
Musical works (with or without lyrics)
Artistic works (paintings, drawings, sculptures)
Films, broadcasts, and sound recordings
Performances
Typographical arrangements of published editions
Works must be original and fixed in a tangible form.
3. Duration of Copyright
Generally, copyright lasts for the life of the author plus 50 years after death (New Zealand is transitioning to 70 years for some works).
For anonymous or pseudonymous works, the duration is 50 years from publication.
Sound recordings and broadcasts also have specific protection terms (generally 50 years from publication or performance).
4. Economic and Moral Rights
Economic rights cover reproduction, public performance, communication, adaptation, and distribution.
Moral rights include the right to attribution and protection against derogatory treatment.
Moral rights cannot be assigned but may be waived.
5. Exceptions
Fair dealing for criticism, review, news reporting, education, and research.
Private copying for personal use.
Libraries and archives have limited copying rights.
6. Enforcement
Enforcement of copyright infringement is handled under New Zealand’s legal framework.
Remedies include injunctions, damages, and criminal penalties.
Enforcement in Tokelau may involve cooperation with New Zealand authorities.
7. Registration
Copyright exists automatically upon creation.
No formal registration system is required or available in Tokelau.
Evidence of creation and authorship is important in case of disputes.
Summary for Tokelau
Tokelau relies on New Zealand copyright law for copyright protection.
Protection lasts for life + 50 years (transitioning to 70 years).
Both economic and moral rights are recognized.
Fair dealing and limited exceptions apply.
Enforcement is under New Zealand jurisdiction.
Copyright arises automatically, no registration needed.
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