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Copyright guide

 

Copyright overview

 

Copyright is a legal means of recognising a creator’s rights over their original work. Governed by the New Zealand Copyright Act 1994 copyright applies automatically from the date a work is created. Copyright owners can license others to use their copyrighted material or sell their copyright to someone else. You need to check the copyright status before you reuse the content.

 

Copyright on Preserving Local History and Educational Trust, Te Pupuri I Nga Hitori o Te Rohe 

 

Digitised content (such as newspapers)

 

On the Preserving Local History and Educational Trust website you will find digitised content with different copyright restrictions. The Trust does not own the copyright in the digitised content on Preserving Local History and Educational Trust or Papers Past. The copyright of content created by third parties is owned by the original authors. Information about copyright relating to specific publications can be found on each publication’s home page as well as next to the article. You need to check the copyright status before you reuse the content.

 

Reuse of digitised content from Preserving Local History and Educational Trust

 

Reusing digitised content from Preserving Local History and Educational Trust depends on both the copyright status of the material and what you want to use it for. If you want to copy (including download), adapt, publish or otherwise distribute any of the digitised content on Preserving Local History and Educational Trust or Papers Past, you are responsible for determining the copyright status of that content, obtaining any necessary permissions and meeting any other requirements.

 

Where possible the Trust have contacted the Copyright holder, & endeavoured to secure rights for reuse of the content.  Where this is has been obtained, we have recorded the rights management permissions for you to follow.  Further information on this below.

 

Usage rights

 

The ‘Copyright’ field on the left-hand side of each item provides you with copyright information for that item.

One of the following statements will apply: 

  • No known copyright restrictions.
  • Copyright is held by (Organisation)
  • Creative Commons License: Attribution CC BY – you may use the image but you must acknowledge the Preserving Local History and Educational Trust.
  • Copyright restrictions may apply, please check with the Preserving Local History and Educational Trust

 

Out of copyright works

 

As a guide for newspaper content, it may be reasonable to assume copyright has expired for items published more than 100 years ago, and that they can therefore be copied and republished without permission.

If copyright in a work has expired, you may reuse it for whatever you want. There may be other things such as cultural and ethical considerations to take into account before you reuse a work, particularly for Māori content.

 

 

In copyright works

 

If a work is still in copyright, the copyright holder can license it. Licenses may have various conditions attached to them and so long as your reuse abides by those conditions you can reuse it. Some copyright owners have used a Creative Commons license to make their material available on Preserving Local History and Educational Trust and Papers Past. You can find a link to the conditions of such licenses in the copyright statement that appears next to the digitised content.

 

Creative Commons licenses

 

If the rights holder has not licensed the material for wider use (often shown by the statement “All rights reserved”) you need to contact the copyright holder for permission before reusing it. In many instances the first place to go will be the publisher. There is some useful advice on how to go about locating a copyright holder at the New Zealand Intellectual Property Office.

 

Finding copyright holders

 

Exemptions

 

There are some types of reuse that have exemptions under the Copyright Act. These include fair dealing for the purpose of:

  • criticism or review
  • reporting current events
  • research or private study.

 

There are also some specific exemptions for educational purposes, and for libraries and archives. This means if you are using in-copyright material for one of these reasons, you can do so without needing to get permission.

 

New Zealand Copyright Act 1994 (Part 3)

 

Use of images

 

When using images of people please be respectful of how these images may be used. As many of the people in images are not identified, this medium may aid in the identification of people and the reunion of family members.

 

The Preserving Local History and Educational Trust acknowledges the moral right of descendants to request the removal of any images provided on this platform. Please see our Takedown Notice and Procedure for further information, or please contact us with identification information or to discuss images published in Preserving Local History and Educational Trust’s site.

 

 

 

Māori content

 

Although material may be out of copyright under New Zealand legislation, there may still be cultural and ethical considerations that should be taken into account before reusing Māori material. A useful guide is the National Library’s principles around the care of Māori material in Te mauri o te mātauranga: purihia, tiakina! Principles for the care and preservation of Māori materials

 

Other forms of intellectual property

 

Material on the Preserving Local History and Educational Trust website may include other forms of intellectual property such as trademarks. You can find out more about the different types of intellectual property at the New Zealand Intellectual Property Office

 

Crediting

 

If you copy or reuse digitised content from this site that is out of copyright or for which you have gained permission from the copyright holder, please:

 

  • acknowledge the Copyright holder as stated on the item in question or,
  • acknowledge the Preserving Local History and Educational Trust

 

as the source of the information. If the material is republished online, please link to where you found the information on the Preserving Local History and Educational Trust site.

 

You can find a permanent link and the details to cite by clicking on the “Cite this item” icon alongside any item.

 

Rights holders

 

If you are a rights holder and are concerned that you have found in-copyright material on our site, for which you have not given permission, or is not covered by a limitation or exception in New Zealand law, you can make a takedown request by contacting preservinglocalhistory@gmail.com.

 

Disclaimer

 

This copyright statement does not constitute legal advice, and the Preserving Local History and Educational Trust is not responsible for any loss or damage caused as a result of following it.

 

Useful sources

 

New Zealand Copyright Act 1994

New Zealand Intellectual Property Office: Copyright

New Zealand Intellectual Property Office: Trade marks

Creative Commons licenses

 

 

 

 

Takedown Notice and Procedure

 

The Preserving Local History and Educational Trust is committed to ensuring that Copyrighted material is not hosted in violation of any copyright laws. If you are the rights holder of material published on a Preserving Local History and Educational Trust web page, and if you believe copyrighted work is available in such a way that does not satisfy the fair dealing provisions of the Copyright Act 1994 or otherwise constitutes copyright infringement, or a breach of an agreed license or contract, please bring this to our attention. Notify the Trust at preservinglocalhistory@gmail.com, or via the contact form on this site. Please include full details of the pages and/or material concerned, the nature of the infringement, along with evidence of your ownership and your own contact details.