Significance of the Copyright Act 1994
Protects Original Works: The Act provides exclusive rights to creators and owners of original works like books, music, films, and computer programs, controlling their copying, public performance, and communication.
Manages Copyright Infringement: The Act empowers authorities like the Ministry of Business, Innovation & Employment (MBIE) to prosecute offences related to the sale and import of pirated works, ensuring legal recourse against unauthorized use.
Digital Rights: It addresses digital dissemination by giving owners’ rights over activities such as making works available on websites, which is crucial in the digital age.
Fair Dealing Provisions: The Act includes exceptions or “fair dealing” provisions that permit limited use of copyright material without permission for certain purposes, such as research or private study, though the concept of “fairness” can be complex.
Shortcomings in Protecting Indigenous Knowledge
Individual vs. Collective Ownership: The Copyright Act’s foundation in individual ownership conflicts with the collective and traditional ownership of cultural property within Māori communities (iwi and hapū).
Limited Duration of Protection: The Act’s temporary protection period (e.g., life of the author plus 50 years) is inadequate for mātauranga Māori, which requires enduring, on-going protection to preserve cultural integrity.
Focus on Expression, Not Ideas: Copyright protects the specific expression of an idea, not the idea or information itself. This means a similar work based on the same indigenous knowledge could be independently created without infringement, as long as the expression itself is not copied.
Conflicting Concepts of Public Domain: The Act’s concept of a public domain, where works enter after protection expires, is problematic for cultural knowledge, as it risks losing the integrity of mātauranga Māori if it is old or its author is unidentifiable.
Calls for Reform: Organizations like Te Hunga Rōia Māori o Aotearoa (Māori Law Society) have recommended that the Act should be reviewed to include enduring protection for mātauranga Māori and cultural expressions that aligns with tikanga and the UN’s UN Declaration on the Rights of Indigenous Peoples (UNDRIP).