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Items . Copyright, contract and the commissioning rule
 20-10-2006
The government is considering two copyright law issues: the "commissioning rule" and the relationship between copyright & contract law.
The first issue concerns the provision of the Copyright Act 1994 that deals with ownership of copyright in commissioned works ("the commissioning rule").
The commissioning rule applies to photographs, computer programs, paintings, drawings, diagrams, maps, charts, plans, engravings, models, sculptures, films and sound recordings. Where these works are commissioned, the person who commissions the work is the first owner of copyright, rather than the creator.
The second issue is the more general question of the interface between copyright and contract law.
The Ministry of Economic Development released a discussion paper on these issues on 31 March 2006 and received submissions up to 31 May 2006.
The report back on the submissions in October 2006 indicated there were a number of issues with regard to the commissioning rule that required further consideration. On the issue of copyright and contract however, as no significant difficulties were highlighted in the submissions, it was proposed that no further action be taken on the issue.
Final policy advice is expected at the end of August 2007.
The discussion paper, submissions and Cabinet recommendations can be found at the Ministry of Economic Development website.
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