What does the new NZ-UK free trade agreement mean for IP?

Wednesday 3 November, 2021

On 21 October 2021, the Government announced that New Zealand and the United Kingdom had agreed in-principle agreement on a fair trade agreement (FTA), potentially worth up to NZ$1 billion to the New Zealand economy. As part of the FTA, New Zealand has agreed to make changes to its copyright laws.

Currently, copyright in New Zealand lasts for the life of the creator plus 50 years, but under the new FTA, this will be increased to 70 years. This will put New Zealand in line with the UK, USA, Australia, and EU. New Zealand has also agreed to introduce a resale rights scheme for artists, which will allow them to receive royalty payments from their work in the same way as authors or songwriters and composers. New Zealand has also agreed to expand the scope of performer and artists’ rights.

When will the changes come into force?

Negotiators for New Zealand and the UK still have to finalise the text of the FTA, which must then be signed and ratified by both countries and given domestic effect. New Zealand will have 15 years after the FTA comes into force to extend its copyright term and two years to bring in the resale rights scheme. Although these changes represent a significant extension to copyright terms in New Zealand, the changes will benefit artists and authors and will better align New Zealand’s copyright laws with many of its trading partners.