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Protect your rights (PDF. 204KB)
Know what you’re signing (PDF. 145KB)
It’s OK to negotiate (PDF. 171KB)
Legal glossary (PDF. 72KB)
Protect your rights
Intellectual property
Intellectual property (IP) law can protect your rights as an artist or an arts practitioner. Every time you create something original, your work becomes your intellectual property and you have IP rights. If someone uses your work without permission, there may be a breach of your IP rights. You can seek legal advice from a lawyer specialising in intellectual property rights.
Watch the video (below) with artist Jamie McCaskill to hear him share an experience about IP rights.
What is intellectual property?
- Various types of intellectual property can be protected under New Zealand law.
- Intellectual property typically includes things like a design, brand, logo, trade secret or invention.
- View this Ministry of Business, Innovation & Employment (MBIE) infographic to see the many forms of intellectual property.
Ways to protect your name, brand and best ideas (PDF 336 KB) - Use this quick guide to identify what intellectual property is and how MBIE can support you.
What is Intellectual Property | Ministry of Business, Innovation & Employment - View this Intellectual Property Office of New Zealand (IPONZ) infographic on when to consider protecting your intellectual property asset.
When to consider IP (PDF 167 KB)
Māori intellectual property
Māori culture and mātauranga (traditional knowledge) are unique New Zealand taonga (treasures) that are central to Māori cultural expressions. Read this overview of how intellectual property rights ensure that Māori culture and mātauranga are recognised and supported by the Intellectual Property Office of New Zealand (IPONZ).
Māori IP | IPONZ
Protecting IP with a Māori cultural element
View this IPONZ guide to protecting Māori art forms and cultural elements.
Protecting IP with a Māori cultural element (PDF 1.06 MB)
Simple steps to protect your intellectual property
Identify your intellectual property assets and the steps you can take to protect them. Use this Ministry of Business, Innovation & Employment checklist as a guide.
Intellectual Property Assets Checklist (PDF 48 KB)
Types of intellectual property
Copyright
Copyright protects the expression of ideas in all art forms like books, plays, drawings, music and sound recordings. It allows you to grant rights to others to use them. There is no copyright register or official process in Aotearoa, however, there are other ways to protect your creativity and art.
What is copyright?
Read this IPONZ summary of what copyright is for and what it gives you.
IP card copyright (PDF 259 KB)
You can choose how your art may be used by others. View this explanation of what copyright is and how it applies in New Zealand, from Copyright Licensing New Zealand (CLNZ).
What is copyright? | Copyright Licensing New Zealand
Watch this CLNZ video.
What is New Zealand copyright | Copyright Licensing New Zealand (YouTube)
Your digital assistant for managing copyright
View the Copyright Licensing New Zealand resource to help you manage your copyright.
Your digital assistant for managing copyright | Copyright Licensing New Zealand
Performers’ rights
Performers’ rights are a form of IP protected by copyright laws.
View this MBIE resource to understand how copyright covers performances across a range of art forms.
Performers Rights | Ministry of Business, Innovation & Employment
Supporting authors and publishers
Read this information about how Copyright Licensing New Zealand is working with authors to campaign for the rights of authors and their work.
Supporting New Zealand and the creative industry | Copyright Licensing New Zealand
Infringement of copyright
What does it mean if your art form is used without your permission? What rights do you have?
View this CLNZ outline of what to do when your rights are infringed.
Your guide to New Zealand copyright (PDF 216 KB)
Digital image licence
Creating a digital image licence is one way of protecting an image online.
Use this Law Depot tool to generate digital image licences. Remember to seek legal advice if you’re unsure.
Free digital image licence | Law Depot
Resources for music creators
APRA AMCOS is a music management organisation that pays royalties to music creators when their music is played or copied, both locally and overseas. View their resource on how music copyright works.
How music copyright works | APRA AMCOS
The Marrakesh Treaty
If you hold copyright for literary or dramatic works, under New Zealand copyright law copies of these works can be made in certain circumstances to support accessible format copies for those with print disabilities. These provisions come under the Marrakesh Treaty.
The Marrakesh Treaty | Ministry of Business, Innovation & Employment
Audio file: Marrakesh Treaty Cabinet Paper audio-summary (mp3)
Fair dealing in New Zealand
View this Copyright Licensing New Zealand resource that explains when copyright material can be used without permission.
Fair dealing in New Zealand (PDF 226 KB)
Trade marks
What is a trade mark?
Using a trade mark can distinguish your goods or services in the marketplace. Trade marks include words, logos, shapes, colours, sounds, smells or any combination of these. Read this overview from IPONZ.
Trade marks | IPONZ
Enforcing trade marks
As with all intellectual property, you are responsible for monitoring the way it is used and protecting it against infringement. View this IPONZ summary of the legal process for enforcing a trade mark.
Enforcing | IPONZ
Trade mark check
Use the IPONZ Trade Mark Check, to see if your catchy name or logo already exists on the New Zealand register.
Trade Mark Check | IPONZ
Toi Iho
Toi Iho is the Māori trade mark that recognises, authenticates, and uplifts Māori artists and the art they produce. View their site to learn more about this trade mark.
Toi Iho | Championing the finest of Māori creativity
Seek advice
Intellectual property law is complicated. Consider seeking the advice of a specialist intellectual property lawyer or trade mark attorney.
Use the Law Society database to find a lawyer who specialises in intellectual property law and can offer you expert advice. Use the Get legal help button and choose intellectual property from the drop down list.
Registry lookup | lawsociety.org.nz
Other places
These government departments and agencies offer more information about intellectual property:
- The Intellectual Property Office of New Zealand.
iponz.govt.nz
- Te Mana Taumaru Mātauranga offers an intellectual property guide.
Intellectual Property Guide for Maori organisations and communities (PDF 1.77 MB)
- The Ministry of Business, Innovation & Employment website includes copyright information.
Copyright | Ministry of Business, Innovation & Employment
- Copyright and the Creative Sector | The Ministry of Business, Innovation & Employment (PDF).
Copyright and the creative sector (PDF 2.18 MB)
- Read the Copyright Act.
Copyright Act 1994 | New Zealand Legislation
- The Citizens Advice Bureau (CAB) provides support and offers advice about copyright issues.
Protecting intellectual property | Citizens Advice Bureau
- Copyright Licensing New Zealand offers online learning and resources to support understanding of copyright, and enables New Zealand’s creative people to record and manage their copyright.
Copyright Licensing New Zealand
- Copyright Licensing New Zealand also offers legal support; it is a paid service, however, the initial consultation is free.
My creative rights | Copyright Licensing New Zealand
What's Next?
Develop your own next steps and collaborate with others to continue to grow your career. Consider what is on top for you, and who you can go to for support in the following areas:
- Intellectual Property
- Copyright
- Trade marks
Know what you're signing up for
A contract is also known as an “agreement”, it outlines the terms and conditions that both parties agree to and sign. A standard form agreement means that no terms or conditions have changed. Changes can be made if you discuss the terms and both parties agree. Contracts protect you from disputes and are legally binding. If you need a contract, a helpful starting point can be looking at templates for contracts and agreements that have worked for other artists and arts practitioners. However, every situation is different. Check the terms in a template carefully before using them to make sure they apply to you. It is a good idea to ask a lawyer to look at a contract before you sign it.
Watch the video with artist Jamie McCaskill to hear his experiences with contracts.
Me mōhio ki tāu e whakaaetia ana | Know what you are signing up for (youtube)
Contracts for artists and art practitioners
Actor individual performance agreements
View the Screen Production and Development Association (SPADA) and New Zealand Actors’ Equity Individual Performance Agreement (Equity New Zealand review copy).
Individual Performance Agreement (PDF 861 KB)
Occupational vs Enterprise Collective Contracts
View this outline of the two collective contracts that apply to performing artists and arts practitioners in the screen industry – occupational vs enterprise collective contracts.
Negotiating New Screen Contracts for Performers | Equity New Zealand
Dealers and galleries
Read tips by Tim Melville for forming relationships with dealers and galleries. Always seek advice before signing a contract and make sure you are OK with the terms.
Dealing with Dealers: some do’s and don’ts (PDF 94.29 KB)
Music industry contract templates
Register on the Music Managers Forum Aotearoa to access music industry contract templates.
Music Managers Forum Aotearoa
Music performance agreements
Signing a contract for performances at private functions or festivals offers protection by clearly outlining the expectations of the provider and the client.
- Download a basic performance agreement template.
Basic Performance agreement Template | New Zealand Music Commission
Music licensing and promotion
Recorded Music NZ supports recording artists and right holders in Aotearoa through licensing and promotion.
Music Makers | Recorded Music NZ
Writers’ rights
The New Zealand Society of Authors (NZSA) offers contract support for members. Find out how to join the NZSA.
Writers Rights | New Zealand Society of Authors
Playmarket supports script writers with advice on playwriting and all associated rights.
Playwright's Rights | Playmarket
The New Zealand Writers Guild (NZWG) provides model agreements and contract materials for screen writers – these are available free of charge to members.
NZWG Model Contracts | New Zealand Writers Guild
Visual Arts Licence
Find out how Copyright Licensing New Zealand supports artists and arts practitioners whose work is being licensed or re-sold by managing this process and collecting the royalties on their behalf.
Search results for visual+arts+licence | Copyright Licensing New Zealand
Privacy policy contract
Download a free privacy policy contract for developing a website to market your artform online.
Free Website Privacy Policy | Law Depot
What you need to know about contracts
What to look for in contracts
View this Employment New Zealand resource to find out about your rights and responsibilities, and what to look out for in contracts.
What to watch out for in contracts | Employment New Zealand
Read the fine print
Read the fine print of a contract before you sign. You can ask for clarification about anything that is uncertain. View this Fair Trading Act fact sheet from the Commerce Commission New Zealand.
Fine print (PDF 845 KB)
Before you agree to a contract
Before you sign on the dotted line, view this resource from Consumer Protection New Zealand.
Contracts and Sales Agreements | Consumer Protection New Zealand
Best practice for artists and arts practitioners
Read this overview of contracts for artists and arts performers.
Best Practice | Arts Makers Aotearoa
Seek Advice
It’s important to ask for expert legal help when it comes to writing or signing a contract. Good places to start include:
- The Law Society. To find a lawyer, use Get legal help under Quick help and choose Employment or Intellectual Property depending on your contract needs.
New Zealand Law Society
- Citizens Advice Bureau (CAB) can help you know what your legal rights and obligations are.
Citizens Advice Bureau
Other legal services to help you
Community Law Services
Free legal help is available from Community Law New Zealand throughout Aotearoa.
Our Law Centres | Community Law New Zealand
Auckland Disability Law
Check out the free legal services Auckland Disability Law offers people with disabilities.
Auckland Disability Law
Private providers
There are services available from private providers who specialise in supporting arts and arts practitioners but you do need to pay for these services. For example:
Creative Legal Services
What's next?
Develop your own next steps and collaborate with others to continue to grow your career. Consider what is on top for you, and who you can go to for support in the following areas:
- Types of contracts
- Things to be aware of when signing a contract
It's OK to negotiate
Knowing the remuneration rates and terms you are entitled to as an artist or arts practitioner can help you negotiate the terms of your contracts. You can also ask a support person to come with you to help with the process. Seek advice from more experienced artists or art practitioners on the art of negotiation.
Watch the video interview (below) with artist Jamie McCaskill to hear how he improved his negotiation skills
Employment agreements
When you are employed, either full-time, part-time, casually or for a fixed term, you are required by law to have an employment agreement (contract). A prospective employer must give you an employment agreement when they offer you a job – think of this as the starting point for negotiating.
View this Employment New Zealand summary of the different types of employment agreements.
Types of employment agreements | Employment New Zealand
View this Employment New Zealand resource about what an employment agreement legally must include.
Things an employment agreement must contain | Employment New Zealand
Remuneration policy for artists and arts practitioners
Use this Creative New Zealand guide to help you negotiate fair remuneration based on principles and practice guidelines.
Ko te Mahere Utu mā Ngā Kaitoi, Kaiwaihanga Toi, Remuneration policy for artists and arts practitioners |Creative New Zealand
Use the best practice guide to fair remuneration for art makers from Arts Makers Aotearoa.
Artists’ Fees | Arts Makers Aotearoa
Learn about your rights and responsibilities
Complete these free-to-access learning modules from Employment New Zealand to learn about your rights and responsibilities as an employer or employee.
Employment eLearning | Employment New Zealand
Volunteers
Volunteers within the art sector do not sign employment agreements and are not covered by law if a dispute arises. Volunteers are only covered for health and safety issues and cannot receive payment for services.
Read this Employment New Zealand guide to the legal position of volunteers.
Volunteers | Employment New Zealand
Advice about being a volunteer
If you volunteer with an organisation, read this article for a summary of your rights and obligations as a volunteer.
If I volunteer with an organisation, what are my rights and obligations towards that organisation? | Citizens Advice Bureau
Internships within the sector
New Zealand Music Commission Internships
Find information about internships in the music industry from the New Zealand Music Commission.
Industry internship programme | New Zealand Music Commission
Interns’ rights
Read this Seek article to find out about your rights as an intern.
Know your rights: Internships | Seek
Negotiating contracts
How to negotiate an employment agreement
Knowing what you are entitled to as an artist or arts practitioner is the starting point for negotiation. Read these strategies for strengthening your approach to negotiating.
Offering and negotiating employment agreements | Employment New Zealand
Collective bargaining
Collective bargaining is a way of negotiating that can offer workers a stronger position. If you choose to join a union, they may negotiate employment agreements on your behalf.
Explore a variety of different negotiation styles in this resource and see which one you prefer.
Negotiating the agreement | Employment New Zealand
Job offers and employment
Know your worth! It’s OK to ask for better terms and conditions. Read this resource about what to say when you are negotiating an employment agreement.
Job offers and employment agreements | Careers New Zealand
Research your career
Knowing what your skills are worth before you negotiate can give you an advantage.
Search your career on Careers New Zealand to identify your skill set, income range and the availability of jobs in your field.
Job profiles | Careers New Zealand
Negotiating new screen contracts
This quick guide to the Screen Industry Workers Act (SIWA) from Equity New Zealand includes information about collective agreements and how they can work for you.
Screen Industry Workers Act (PDF 364 KB)
Key things to consider in employment terms and conditions
Check out the conditions and terms that you are entitled to on Employment New Zealand before signing an employment agreement:
Fair pay and minimum wage
Read this guide to the current minimum wage and fair pay from the Ministry of Business, Innovation & Employment (MBIE).
Minimum wage and fair pay | Ministry of Business, Innovation & Employment
Disability and your rights at work
Read this Seek article about the rights of disabled employees at work.
Disability and your rights at work: What you need to know | Seek
Minimum wage exemptions for disabled employees
Read this overview of the conditions for getting an exemption from minimum wage requirements for disabled employees from Employment New Zealand.
Minimum wage exemption for people with disability | Employment New Zealand
Workplace policies
Workplace policy sets the scene in the workplace. Explore how Basement Theatre agreed on expectations and shared values using a creative team process.
Collective Kaupapa| Basement Theatre
View this Employment New Zealand description of workplace policies and how they clarify expectations between employees and employers.
Workplace policies | Employment New Zealand
Resolving problems
Use this Employment New Zealand guide to resolving problems and disagreements with your employer or employee through a fair process.
Resolving problems | Employment New Zealand
Ending employment
Check out this Employment New Zealand guide to the different ways that employment can come to an end and the associated legal requirements.
Ending employment | Employment New Zealand
When thing's don't feel quite right in the workplace
Information for migrant artists and arts practitioners
Employment New Zealand also offers guides to minimum rights for employees and migrant workers’ rights in several languages other than English.
Minimum rights of employees – multiple language translations | Employment New Zealand
View this Employment New Zealand overview of the employment rights of migrant workers, and ways that migrant workers can potentially be exploited.
Migrant exploitation | Employment New Zealand
Ethical and sustainable work practices
Use this Employment New Zealand guide to ethical and sustainable workplace practices.
Ethical and sustainable work practices | Employment New Zealand
Workplace relations in the screen industry
Read this Ministry of Business, Innovation & Employment overview of the Screen Industry Workers Act 2022.
Workplace relations in New Zealand’s screen industry (PDF 435 KB)
Seek advice
With any form of contract negotiation, it is a good idea to have your lawyer look over your contract before you sign it. There are entertainment lawyers who specialise in the creative sector.
- Use the Law Society database to find a lawyer who specialises in employment. Use the ‘Get legal help’ button and choose Employment from the drop down menu.
New Zealand Law Society
- Find out how Community Law can help.
Community Law
- The Citizens Advice Bureau offers
Citizens Advice Bureau
What's next?
Develop your own next steps and collaborate with others to continue to grow your career. Consider what is on top for you, and who you can go to for support in the following areas:
- Employment agreements
- Negotiating contracts
- Employment terms and conditions
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