Performing arts
Common issues
of Indigenous communal moral rights for
copyright works and films.
These Indigenous communal moral rights will
exist alongside individual moral rights, and will
be exercisable independently of the individual
author’s moral rights. It also exists separately
to the copyright in the relevant material.155
The Indigenous communal morals rights
would exist in a work for the duration of the
copyright period.
For there to be Indigenous communal moral
rights in a copyright work, the following
requirements must be met before the first
dealing of the work:
• Drawn from traditional base. The work
must be drawn from the ‘particular body
of traditions, observances, customs and
beliefs held in common by the Indigenous
community’. A community is defined loosely
and can include an individual, family,
language or community group.
• Voluntary agreement that communal moral
rights exist. A voluntary agreement must be
entered into between the creator of the work
and the Indigenous community.
• Notice of association must be given to third
parties. There must be acknowledgement
of the Indigenous community’s association
with the work.156
• Consent from interest holders. Interest
holders in the work (i.e. copyright owner/s)
need to have consented to the Indigenous
communal moral rights in the work.
An Indigenous community that has Indigenous
communal moral rights to a work may exercise
those rights only through an individual who is
the authorised representative. This authorised
representative may be recognised by the
community according to its cultural practices,
or may be appointed by the community,
according to its decision-making processes.157
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The proposed regime incorporates defences
and consents. However, it has been criticised
as being overly legalistic and complex. The
operation of the proposed law will be limited if
the rights only arise where there is a voluntary
agreement. This does not counter the situations
where Indigenous knowledge and stories are
used without consent as these stories can be
appropriated by third parties if they do not agree
that the new copyright work has Indigenous
communal moral rights. Those who do not
engage with Indigenous communities, and
plunder their stories from archives, for instance,
will not be liable for infringing these rights under
these provisions.
While these proposals are not yet law, these
guidelines recommend that the principles of
integrity and attribution should extend wherever
possible to all uses of Indigenous cultural and
intellectual property, and where appropriate,
the rights of the community also need to
be discussed.
Managing copyright to protect
your interests
As copyright exists as soon as a script is written
down, it is not a legal requirement to register
copyright. However, certain precautionary
practices can show that copyright belongs to
you should there ever be a contest or case
relating to infringement of your work. It is
important to keep good records of your works.
For example, if producing a play, write down
your script or record it by film.
Label all reproductions of the work clearly with
the following information:
• title of the script, play or dance
• writer
• date created
• copyright owners
• if applicable, cultural group
or language group.
Performing arts
Common issues
When authorising others to reproduce your
works make sure that you use written
agreements and keep records of the rights you
have granted. Ask for copies of any programs.
Copyright notice
You should also include a copyright notice.
A copyright notice provides information about
acceptable uses and includes details about
contacting the copyright owner for consent to
use in other material. It may be appropriate to
seek advice from a suitable practitioner on the
appropriate wording for the copyright notice.
The following is an example of a copyright
notice for a script:
© Wesley Enoch, 1999*.
*The date of creation or the date the work
was first published.
If your performance includes songs,
copyright notices should also be given
on any written material. The following is an
example of a copyright notice for a song:
All songs written and performed
by Terri Janke.
© Terri Janke, 1999*.
*The date of creation or the date the song
was first published.
Notice of creative contributors other than the
scriptwriter may also be appropriate:
Directed by: Wesley Enoch
Produced by: Theatre Company
Choreography: Robynne Quiggin
The following is an example of a copyright notice
for language group-owned traditional stories:
Traditional story: Torres Strait Islands.
This version: © A. Murray, 2002. This
performance is made with the permission
of the language group. It may not be
reproduced in any form without the
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permission of the writer and the language
group concerned.
It may also be prudent to include warnings
against filming in brochures and programs,
for example:
WARNING: Any unauthorised recording or
broadcasting of this performance is prohibited.
Authorised recordings of performances often
carry a warning such as:
WARNING: Copyright subsists in this
recording. Any unauthorised sale, rental, hire,
broadcasting, public performance or
re-recording in any manner whatsoever will
constitute an infringement of copyright.
For more information on recommended
copyright wording for publications, see the
Style manual for authors, editors and printers.158
Moral rights notice
If your work is to be distributed in New Zealand
and Britain, it is a good idea to include a notice
asserting your moral rights such as:
The creator(s) asserts their moral rights.
Licensing use of dramatic and
dance works
Copyright is personal property and can be
licensed under agreement for a fee. A licence
grants the right to use or deal with copyright in a
work. You can put limits on the licence, including
limitations of time, territory and purpose. For
example, a play or choreographic show could
be licensed to a theatre or dance company to
perform the work to the public for a period of
time. The copyright in the play or choreographic
show remains with the copyright owner.
It is important to have a written agreement
with certain terms such as the fee for use, the
purpose of the agreement, the nature of the
rights granted and the period of time the
agreement will last. It is very important to read,
understand and consider any written