How Do I Copyright Something? (2025 Updated)

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Fun fact: under New Zealand law, you can’t actually ‘copyright’ anything in the sense of formally registering it.

Confusing, right? What do people mean when they talk about copyright?

Well, copyright does exist – it’s just not something you “apply for” in New Zealand.

Unlike in the US – where registration is available – in New Zealand copyright protection happens automatically once an eligible creation is fixed in a tangible medium.

In fact, copyright is an integral legal protection for your intellectual property, so it’s essential to understand how it works and how you can make the best use of this protection. For more guidance on safeguarding your creative works, you might want to check our IP health check service.

What Is Copyright?

Copyright is a type of intellectual property right – a bundle of rights over an intangible asset. Specifically, copyright protects original creative works by giving the owner exclusive control over how those works are reproduced, distributed, and adapted.

In New Zealand, the rules around copyright protection are set out in the Copyright Act 1994 (NZ). Even though this Act has been in place for many years, its fundamental principles remain relevant in 2025.

If a creation meets the criteria in the Copyright Act, then it is automatically protected by a bundle of rights. This means you don’t have to apply for registration – unlike other forms of intellectual property, such as trade marks.

Let’s explore what kinds of creations are copyright protected, and what rights are conferred upon the owner.

What Does Copyright Protect?

Not every idea or concept is eligible for copyright protection. There are three main criteria to remember when determining what is protected:

Not just an idea
Originality
Certain types of works

Let’s delve into these points in more detail.

1. Not Just An Idea

Imagine your friend shares an exciting new business idea with you and claims exclusive rights over it. Unfortunately for them, you cannot infringe their copyright because copyright does not protect mere ideas – it protects the expression of those ideas.

An idea must be expressed in a tangible form – whether written, visually depicted, recorded, or stored in any other material format – for it to receive copyright protection.

2. Originality

The second criterion is that the work must be original. This does not necessarily mean that it has to be groundbreaking or artistically sophisticated, but it must be independently created and not copied from another source.

For example, while software code might not be considered “artistic” by traditional standards, there is copyright protection in software that is the product of original creation. It simply means the work must come from your own effort.

3. Certain Works

Copyright in New Zealand extends only to certain kinds of ‘works’ or ‘subject matters’ as defined by the Copyright Act. These include:

Literary works
Dramatic works
Musical works
Artistic works
Films
Sound recordings
Broadcasts
Published editions

If a creation does not fall under any of these categories, it will not be protected by copyright.

Who Owns The Copyright?

Since copyright protection arises automatically upon the creation of a work, the general principle is that the creator is the owner of the copyright. However, determining the rightful owner isn’t always straightforward. If in doubt, it’s wise to seek legal advice – perhaps through our find the right lawyer service.

For instance, with a book it is typically clear that the author owns the copyright. But in music, the writer of the lyrics, the composer of the melody, and the record company (for the recording) might all hold overlapping rights. Similarly, film productions can have multiple rights holders including producers, directors, screenwriters, and others.

There are also exceptions. For example, when an employee creates a work as part of their job, the copyright is usually owned by the employer.

If there is any ambiguity about who owns the copyright, a well-drafted contract or assignment agreement can clarify matters. For more information on securing your intellectual property rights, see our guide on the legal side of IP protection.

The good news is that copyright can be transferred or assigned. This enables businesses to ensure that valuable intellectual property is clearly owned by the company, avoiding disputes down the line.

Transfer IP To Your Company

You can transfer – or ‘assign’ – copyright between parties. If you’re unsure about the ownership of a particular work, it is advisable to have all collaborators sign a contract that clearly assigns their intellectual property rights to your company. This is particularly critical for industries such as technology, media, and creative arts. Take a look at our business set-up resources for further advice.

Licensing Your Copyright

If you’d like someone to use your copyrighted material without transferring full ownership, you can licence the intellectual property to them. This involves setting out specific terms, such as duration, geographic area, and permitted uses, within a contract.

Licensing your copyrighted work is a common method by which creative professionals and companies commercialise their intellectual property. For instance, if you operate in the digital space, you might also be interested in our services related to drafting customised online service terms and conditions.

What Rights Does Copyright Give You?

You might be wondering about the significance of copyright protection. Essentially, copyright bestows upon the owner a bundle of rights, such as the exclusive ability to:

Reproduce or copy the work
Distribute or communicate the work to the public
Publish the work
Perform or execute the work
Create adaptations or derivative works

These exclusive rights also empower the copyright owner to prevent unauthorised use of their work.

How Long Does Copyright Last?

Copyright protection is not perpetual. When it expires, the work enters the public domain and becomes available for anyone to use without restrictions. In 2025, the duration for various types of works is as follows:

For literary, dramatic, musical, and artistic works: 70 years after the death of the creator.
For sound recordings or films: 50 years after the work’s first publication.
For television and sound broadcasts: 50 years after the broadcast is made.
For published editions: 25 years after the initial publication.

An interesting tidbit: the duration of copyright protection has been extended in various jurisdictions over time. For example, while the term for iconic characters like Mickey Mouse has been subject to legislative changes previously influenced by corporate lobbying, New Zealand maintains its standard durations regardless of external pressures. Keeping abreast of these changes is vital, so ensure you review current legislation with a legal expert – you can find assistance through our guides on keeping your business compliant.

What Does The Copyright Symbol Mean?

You may notice the copyright symbol ‘©’ on many copyrighted works. Although its use is not mandatory – as copyright protection exists automatically – it serves as a useful notice to others that the work is protected. This symbol explicitly warns potential users that unauthorised reproduction or distribution may constitute infringement.

So Then, How Do You Get Copyright Protection?

Since copyright protection is automatic and does not require registration, the key responsibility lies with you to monitor and enforce your rights. This might mean keeping detailed records of your creations, and ensuring that contracts with collaborators clearly address intellectual property ownership.

It’s also wise to review your copyright status periodically, particularly if you notice similar works emerging in the marketplace. Don’t hesitate to take action if you suspect infringement – after all, protecting your intellectual property is one of the most valuable aspects of your business. Our article on what is a contract can provide further insights on how to assert your legal rights effectively.

What To Take Away…

Copyright endows creators with the exclusive right to control and benefit from their original works. Ensuring you understand the extent of these rights and implementing clear contractual agreements is fundamental to safeguarding your most valuable assets.

If you’re ever unsure about your copyright status or the ownership of intellectual property within your business, speaking to a legal professional can help clarify these issues. With valuable content often being the cornerstone of a successful business, it pays to ensure that your rights are protected.

Remember, effective copyright management – whether through assignments, licences, or robust contracts – is key to maintaining control over your creative assets. For comprehensive help on managing your legal obligations, consider exploring our contract services and intellectual property expertise.

Finally, as laws and business environments evolve, staying updated with the latest legal developments is crucial for protecting your interests in 2025 and beyond. Whether it’s tweaking your existing agreements or seeking advice on new copyright challenges, remember that proactive legal management is a smart investment in your business’s future.

Minna Boyle

Minna is the Head of People & Culture at Sprintlaw. After completing a law degree and working in a top-tier firm, Minna moved to NewLaw and now manages the people operations across Sprintlaw.

Tomoyuki Hachigo

Tomo is the co-founder of Sprintlaw and a commercial lawyer with a broad range of legal experience. Before starting Sprintlaw, he was an M&A lawyer at a top-tier law firm advising businesses of all sizes from large corporates to startups.