Gibson Sheat: Copy Right or Copy Wrong?

3 July 2023

As tempting as it is, copying images, videos and music from the internet is fraught. Budgets are tight and copying is easy.  But don’t do it! 

There is a difference between being able to copy content, admittedly easily, from the internet, and legally being able to do so. Stephen Joyce famously, or infamously, said some National Party’s campaign music was “pretty legal”.  Unfortunately, there is no such thing when it comes to copying on the internet. 

The difference between being physically able to copy and legally able to copy is often not realised. Just because you can copy from the internet, does not mean it is legal.  In most cases, it won’t be. 

People often think they won’t get caught. Technology is such though that it is increasingly easy for copyright owners to scope the internet for illegal uses of copyright material. 

Here are some top tips: 

• In the sports realm, be careful of copying images like the silver fern.  Many New Zealand sports teams, with big budgets, have rights to these. 
• You can watch or listen to clips live on websites like YouTube, but not forward them on or download them. 
• Use an image library such as Getty Images or iStock to buy licences to content.  Some websites offer free images. 
• You could look for free versions of media on Creative Commons where, subject to some terms and conditions, licences are free. 
• Be particularly careful of using images of people, particularly famous people as your use of their image might imply that they endorse or sponsor you. 
• Ask for permission from the copyright owner.  Don’t assume if you don’t know who the owner is or you can’t find them that it means you can use the content. 

If in doubt, leave it out or contact the Sport Law Team at Gibson Sheat or Kate Duckworth (kate.duckworth@gibsonsheat.com) for further advice.