NZ Proposes Copyright Reforms to Support Creators and Cultural Institutions

A central component of the reform package focuses on expanding the ability of not-for-profit cultural institutions to preserve and provide access to important works.

The New Zealand Government has unveiled a significant package of proposed copyright law reforms aimed at strengthening protections for creators, preserving the nation's cultural heritage, and addressing modern digital challenges. Commerce and Consumer Affairs Minister Cameron Brewer announced the measures as part of a broader effort to modernize copyright legislation and ensure it remains fit for purpose in an increasingly digital world.

The proposed changes build on the Government's recent announcement to extend copyright protection by an additional 20 years. According to Minister Brewer, the combined reforms are designed to provide stronger and longer-lasting protections for artists while also enabling museums, libraries, galleries, and archives to safeguard valuable cultural works for future generations.

"These changes strengthen creators' rights and help preserve New Zealand's cultural treasures," Brewer said, emphasizing the Government's commitment to supporting both the creative sector and the institutions responsible for maintaining the country's historical and cultural record.

Greater Flexibility for Museums, Libraries, Galleries and Archives

A central component of the reform package focuses on expanding the ability of not-for-profit cultural institutions to preserve and provide access to important works.

Minister Brewer noted that many items held by museums, libraries, galleries, and archives are fragile and vulnerable to deterioration. Existing copyright rules, developed before the digital era, can make preservation efforts difficult and limit public access to valuable materials.

Under the proposed reforms, these institutions will be granted greater flexibility to create digital copies of copyrighted works for preservation purposes. This would allow them to safeguard materials before they are permanently damaged or lost due to age, environmental conditions, or technological obsolescence.

The changes are also intended to improve public access to cultural collections by enabling institutions to digitize and manage works more effectively. However, the Government has emphasized that these digital copies will remain subject to strict limitations. Institutions will not be permitted to use the copied materials for commercial purposes, ensuring that creators' economic rights remain protected.

Another important change involves so-called "orphan works" — materials whose copyright owners cannot be identified or contacted. Under the proposed framework, cultural institutions will be able to use such works after conducting a reasonable search for the copyright holder. This measure is expected to unlock access to numerous historical and cultural materials that currently remain inaccessible because of legal uncertainty.

Stronger Enforcement Against Piracy and Enhanced Rights for Creators

The reform package also includes measures aimed at tackling online copyright infringement and strengthening creators' control over their work.

One key proposal would establish a clearer legal framework allowing New Zealand courts to block access to overseas websites that facilitate copyright piracy. The Government says this step is necessary to combat the growing problem of offshore platforms distributing copyrighted content without permission and depriving creators of legitimate income.

In addition, creators who rely on copyright licensing organizations to manage their rights will gain stronger protections. The proposed changes would allow these organizations to take collective legal action on behalf of creators to prevent unauthorized use of copyrighted works. This is expected to improve enforcement capabilities and provide creators with greater confidence that their rights can be defended effectively.

The Government is also seeking to reform ownership rules for commissioned works. Currently, copyright ownership arrangements for commissioned content can vary depending on circumstances and contractual agreements. Under the new proposal, creators such as photographers, designers, and artists would automatically become the first copyright owner of commissioned works unless an alternative arrangement is agreed upon by both parties.

This shift is intended to place creators in a stronger negotiating position from the outset and ensure that they retain greater control over their intellectual property.

Preparing Copyright Law for the Digital and AI Era

Alongside the copyright term extension announced last week, the Government is proposing stronger protections for technological measures used by creators to secure and manage their work online. These protections would help creators better defend digital content against unauthorized access, copying, and distribution.

Minister Brewer said the combined package of reforms would provide New Zealand creators with "longer, stronger protections than ever before," reflecting the Government's intention to adapt copyright law to modern technological realities.

Looking further ahead, the Government is also beginning to examine the increasingly complex relationship between artificial intelligence and copyright. Cabinet has instructed Minister Brewer to report back by 31 March 2027 on the possibility of establishing a dedicated copyright framework for generative AI technologies in New Zealand.

The issue has become a major topic of debate globally, as AI systems increasingly rely on copyrighted material for training and content generation. Different countries have adopted varying approaches to balancing innovation with the rights of creators.

Brewer acknowledged the complexity of the issue, noting that the Government intends to carefully assess international developments and stakeholder views before determining the most appropriate path forward.

The proposed reforms signal a comprehensive effort to modernise New Zealand's copyright framework, ensuring creators receive stronger protections while enabling cultural institutions to preserve and share the nation's heritage in the digital age. As discussions continue around artificial intelligence and intellectual property, the reforms also lay the groundwork for future updates that could shape how creative rights are managed in an evolving technological landscape.