A range of amendments have been proposed to the Copyright Act 1994 and are currently being progressed, including proposed changes announced by Hon. Cameron Brewer on 26 May and 3 June this year:

• Parody and satire: The Copyright (Parody and Satire) Amendment Bill, currently before Select Committee, which proposes an exception to copyright infringement for the purposes of parody and satire. We made a submission to Select Committee suggesting further changes to expand the exception through to performer’s rights and moral rights, and to align with the wording of existing exceptions to the Copyright Act 1994. Select Committee is due to provide its report on the Bill by 1 October 2026.

• NZ-EU Free Trade Agreement: Amendments required under the free trade agreement between New Zealand and the European Union, which has an implementation deadline of 1 May 2028: 

  • A 20-year extension to copyright protection. The amendment would extend the current 50-year term of copyright protection to 70 years for all works except communication works, and also extends the term of moral rights and performer’s rights to 70 years. It is not yet clear how the proposed change will affect works that currently fall within the 50 to 70 year period.

  • Strengthening protections for technological protection methods used to protect digital work. The amendment requires the repeal of the existing framework for the protection of digital locks, and introduces a new framework to meet the requirements of the Free Trade Agreement.

• Repeal of the Infringing File Sharing regime: Repeal of the Infringing File Sharing regime that currently provides a mechanism for taking action against infringement of copyright works using peer-to-peer file-sharing networks (eg BitTorrent). The repeal has been proposed because of a number of factors: an apparent lack of use of the regime, it imposes compliance costs on internet service providers, and it is considered outdated.

• Website blocking injunctions: Providing the courts with a framework to grant injunctions requiring internet service providers to block access to overseas online locations whose primary purpose or effect is copyright infringement. The aim of the amendment (based on the regime set out in the Australian Copyright Act 1968) would be to help address offshore piracy by blocking overseas websites that infringe the work of New Zealand creators. 

• Rights for non-exclusive licensees: An amendment to allow non-exclusive licensees of copyright works to commence copyright infringement proceedings relating to licensed rights. This amendment is particularly aimed at allowing collective management organisations to act on behalf of their members. Currently the Act provides that only copyright owners and exclusive copyright licensees may take legal action to enforce copyright. This will require amendment to licence regimes, including to control whether non-exclusive licensees can take action.

• Flexibility for galleries, libraries, archives and museums: Introducing flexibility for not-for-profit galleries, libraries, archives, and museums to make digital copies of works. This amendment has several aims, including providing online access to works. Use of works would be limited to non-commercial purposes, particularly for works that are unpublished, out of commerce, or not reasonably commercially available. Use of the works is intended to be limited to non-commercial purposes.

• Repeal of commissioned works ownership rules: Repealing the current regime which impacts ownership as if a person commissions, and pays or agrees to pay for certain copyright works then the commissioner is the first owner of any copyright in the work not the creator of the work. Contractual arrangements dealing with creation of work should be reassessed once the scope of the changes is known. This affects photographs, computer programs, paintings, drawings, diagrams, maps, charts, plans, engravings, models, sculptures, films and sound recordings.

• Clarification of “issue to the public”: An amendment to the meaning of “issue to the public” so that issuing a copyright work to the public in New Zealand or overseas must be by the copyright holder or with the copyright holder's consent. This is to help provide copyright holders with control over imports of infringing copies of their work, and clarify New Zealand’s parallel importation regime. Parties who export copyright work may need to assess agreements for the scope of consents provided to overseas purchasers.

• Generative AI – next steps: Cabinet has asked Minister Brewer to report by 31 March 2027 on a possible copyright framework for generative AI in New Zealand.

For more information please speak to one of our Intellectual property experts.