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        <identifier>oai:kete.digitalnz.org:site:Topic:22</identifier>
        <datestamp>2009-03-09T04:26:39Z</datestamp>
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          <dc:identifier>http://kete.digitalnz.org/site/topics/show/22-rights-and-permissions-help</dc:identifier>
          <dc:title>Rights and permissions help </dc:title>
          <dc:publisher>kete.digitalnz.org</dc:publisher>
          <dc:description><![CDATA[Guide to different license and rights statements for Kete Digital New Zealand content.]]></dc:description>
          <dc:description><![CDATA[This page provides information about different levels of rights and permissions around Kete Digital New Zealand content. It is intended as an explanatory guide and is not legal advice.
See also the Terms and Conditions for information about what you are agreeing to when using or adding content to Kete Digital New Zealand.
No known copyright restrictions
In many instances a content provider is not the copyright holder and can neither grant permission to others who wish to use an item nor provide a guarantee that the item is out of copyright.&nbsp; However, where you know about the origin  of an item and the conditions under which it was acquired, you may be able to reasonably conclude that an item is free of copyright restrictions.&nbsp; This may be because the term of copyright for this work may have expired or that copyright does not apply to this type of work.
Examples of content that may be appropriate to licence in this way include:

A poster or document published by a New Zealand government department before 1 January 1944
Photographic negatives or original photographic prints where the NZ photographer died before 1 January 1958
A published (except posthumously published) written work whose creator died before 1 January 1958 and where the publication was produced prior to 1 January 1982
An artwork by an artist who died before 1 January 1958
A work created by an anonymous or unknown author, published, exhibited or broadcast before 1 January 1958 
An extract of the parliamentary debate (Hansard) or a commission of inquiry made at any time.

Use of the "no known copyright" statement by content providers is desirable to participate in projects powered by DigitalNZ. It is a similar approach to that taken by Flickr: The Commons.
Note that as with a photocopy or reprint, making a simple digital copy of an item such as a picture or sound recording is unlikely to create new copyright as it lacks originality.
Where the content provider (or Kete user) holds or administers the copyright, DigitalNZ encourages them to work towards using Creative Commons licences or "no rights reserved", not "no known copyright restrictions".
What can I do with Kete DigitalNZ content that has "No known copyright restrictions"?
No known copyright restrictions means that to the best of their knowledge, the Kete user sees no reason that a work should not be available for use by the public.
The possibility that using this content may inadvertently infringe upon the rights of copyright holders unknown to the Kete DigitalNZ user cannot be ruled out.
If you are satisfied copyright and other use restrictions do not exist on the items, you can print and download them. You are welcome to reproduce them on your blog or another website, and to use them to make new creative works. See below for information about crediting.
DigitalNZ cannot guarantee you will not be violating the rights of unidentified copyright holders, and is not responsible for any liability resulting from your use of the content.
Crediting the content provider
As well as crediting the creator of an out-of-copyright work, we strongly suggest you acknowledge the content provider or Kete user who made the work available digitally for you to use (even if they are not the creator of the original work).
Most cultural institutions providing online content wish to be acknowledged because there is obvious scholarly benefit in being able to trace back from the digital copy to the original, especially if the original is held within a public collection.
"Content provider name" provides details of the organisation you should credit. "Creator" refers to the original copyright holder.
Some rights reserved
This statement covers a range of New Zealand Creative Commons licences, which are explained on the New Zealand Creative Commons website.
If you are a content provider you can only use a Creative Commons licence if you hold or administer copyright in an item.

CC licences explained - Creative Commons Aotearoa New Zealand website
Applying CC licences - Creative Commons Aotearoa New Zealand website 
CC FAQ - Creative Commons Aotearoa New Zealand website

Use of the following licences by content providers is encouraged as they enable participation in a wider range of projects powered by DigitalNZ.

Attribution (BY) - Most 'free' content
Attribution-Share Alike (BY-SA)
Attribution-Noncommercial (BY-NC)
Attribution-Noncommercial-Share Alike (BY-NC-SA) - Less 'free' content

Use of the following licences is also permitted, but discouraged if you want to participate in the full range of projects powered by DigitalNZ. These licences do not encourage creativity.

Attribution-No Derivative Works (BY-ND)
Attribution-Noncommercial-No Derivative Works (BY-NC-ND)

All rights reserved
This means that the content is under current Copyright restrictions as defined in the New Zealand Copyright Act 1994.
Users can reproduce, communicate, and copy the content for the purposes of private study and research, criticism and review, or education consistent with the New Zealand Copyright Act 1994 but that is all.
If you are adding content to the Kete you should only use this rights statement if you have written permission from the copyright holder to upload it, or if you are the copyright holder.
Use of this statement by content providers is discouraged as it prevents full participation in projects powered by DigitalNZ.
Note that creators of works in copyright have 'moral rights'&nbsp; that can be asserted:

To be identified as the author of the work;
To object to derogatory treatment of the work;
To not have a work falsely attributed to them.

As well as crediting the creator of an out-of-copyright work, it is best practice to acknowledge the content provider or Kete user who made the work available digitally for you to use (even if they are not the creator of the original work).
No rights reserved
This statement, which may not be observed under law in New Zealand, means that the content provider has given up all present and future rights under copyright law (and has the right to do so). In other words, this content has been placed in the public domain.
Users can freely reproduce, distribute, communicate, use, modify, build upon, or otherwise exploit this content for any purpose, commercial or non-commercial, and in any way.
Use of this statement by content providers is acceptable but not always possible as they may not hold the copyright in content.
Crown copyright
The Crown copyright statement means that anyone can use this content free of charge and without permission of the content provider (a government agency) provided the content is not altered and the source and copyright status of the content is acknowledged.
This license draws from the New Zealand Government Web Standards.]]></dc:description>
          <dc:date>2009-01-22T23:19:40Z</dc:date>
          <dc:creator>admin</dc:creator>
          <dc:contributor>admin</dc:contributor>
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          <dc:rights>http://creativecommons.org/licenses/by-sa/3.0/nz/</dc:rights>
          <dc:format>text/html</dc:format>
          <dc:coverage>Topic</dc:coverage>
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