If you are running a competition, you will likely want as many people to enter as possible. So, this may mean you will need to reach out to different markets of people. Additionally, you will need to conduct effective marketing using your copyrighted materials. Notably, there are ways for you to use copyrighted material without infringing copyright law. Therefore, this article will outline some copyright issues you should consider before running a successful competition.
Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.
Copyright Ownership and Use
Copyright is a kind of intellectual property right. It applies automatically to the original material once created. As a result, you do not need to formally register a copyright to have legal protection.
You can label copyright material with the © symbol. However, works do not need this symbol to maintain copyright protection. These rights and protections provide:
- exclusive use and exploitation of your work;
- the right to stop others from using or exploiting your work; and
- legal protection.
Furthermore, copyright covers a wide range of material. These include:
- literary, dramatic, musical and artistic works;
- the typographical layout of published editions;
- sound recordings;
- films; and
- communication works.
Generally, if you want to use someone else’s copyrighted work, you need to seek their permission first. In this case, they may give you written permission in a formal agreement, such as:
- an employment agreement;
- a licence agreement; or
- an assignment.
However, there are circumstances where you may be allowed to copy copyrighted material without having to ask the owner for permission, including the following:
- research;
- private study;
- criticism or review; and
- reporting current events.
Licence and Assignment
In most cases, running a competition is not likely to fit into the categories above. Therefore, you will still need permission from the owner to use copyright material, which you can get with a copyright licence. Copyright Licencing New Zealand (CLNZ) provides these licences to individuals or businesses. It allows creators and users to profit from copyright material fairly and legally. As such, running a competition is a situation that can benefit from this system.
There are many different types of copyright licences offered by CLNZ, including:
- PTE Licence;
- Primary and Secondary Schools Licence;
- Charities, NFPs and Associations Licences;
- Church and Non-Profit Religious Organisation Licence;
- Commercial and Government Licences;
- Visual Arts Licences;
- ITP and Wānanga Licence; and
- Universities Licence.
Conversely, you may wish to enter a separate licence agreement without CLNZ. A licence agreement is a legal document where the creator can permit another to use their copyright material. Importantly, it has no impact on ownership rights. You can create a licence agreement to suit the needs of you and the other party.
If you wish to permanently use copyright material and gain the ownership rights that come with it, you may wish to enter an assignment agreement. An assignment is the complete transfer of the copyright material and ownership to another person. Importantly, assignments are legally binding.
The assignment document must:
- set out the details of the material to be transferred;
- detail the new owner; and
- have the signatures of both parties.
An assignment might be a good idea for your competition because you may wish to use the marketing for longer than just the length of the competition.
Continue reading this article below the formMoral Rights
You should adhere to moral rights regardless of how you use copyrighted material. Moral rights apply to the creators of content whether or not they are the copyright owner. As the paragraphs below detail, there are four moral rights to be aware of if you use other people’s material for your competition.
The Right to Be Identified
The right of attribution is the right to be credited for any work you create. This right provides creators with the assurance that they will be acknowledged as the creator no matter how far and wide their content is shared. Following that, you need to credit the original author where necessary.
The Right to Object to Derogatory Treatment of the Work
This right is also known as the right of integrity. It is the right of the creator to object to any treatment of their work that could harm their reputation. This does not apply to an alteration that changes the material in a way that the creator does not like.
The Right Not to Be Falsely Attributed
This is the right not to have your name credited to work that is not yours. This can be difficult to navigate because no register keeps track of ownership. Regardless, it would help if you were mindful to avoid engaging this right.
The Right to Privacy in Certain Photographs and Films
Finally, people who commission photographs and films for domestic purposes, such as wedding videos, have the right to privacy. This right to privacy occurs even for those who do not own the copyright. Therefore, you need to be careful when using personal videos or pictures.
Key Takeaways
You should know copyright law if you use copyrighted material to run a competition. In most cases, this means gaining the permission of the owners of copyright material you wish to use and confirming any licensing agreements before publishing competition-related marketing. It would help if you also were sure to treat creators’ work and rights correctly to avoid copyright mistakes.
If you would like more information or help with copyright in your competition, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 447 119 or visit our membership page.
Frequently Asked Questions
The cost of your copyright licence will depend on the terms agreed on with the other party.
Yes, you may have multiple copyright licences.
This is a common copyright issue. If you are unsure, you should seek legal advice.
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