Last month, the 29th NZ Sculpture OnShore, turned O Peretu Fort Takapuna into a sculpture paradise. Between World War II forts and tunnels, stunning works glowed under the sun; ranging from koru elephants to faux lovers' benches. With all proceeds going to Women's Refuge NZ, the recently concluded event served as a brilliant example of art meeting substance and aroha meeting kaupapa. But while these masterpieces were at the mercy of Narrow Neck's seagulls, how exposed were they to copycats? Copyright is here to make sure artists aren’t taken for granted and that their creative rights don’t whittle away.
Copyright: A hero in the art world
In Aotearoa, copyright isn’t just a chip off the old block. Under the Copyright Act 1994, every sculpture at the exhibition is automatically protected as an "artistic work". Whether it’s Daniel McKerrow’s Whakaruruhau – the three-metre high wahine draped in her copper kākahu – or Ngaroma Riley's Kapahaka Queen with her pullable LED poi, copyright makes sure no one carves out sculptors' ownership rights without permission.
Copyright ensures that artists are the rock stars of their creations, holding exclusive rights to reproduce, publish and display their work. Even if a sculpture is sold, the artist usually keeps the copyright – unless they carve out a different deal in writing. Original makers can assign their copyright interest to someone else, either partially or in full, giving artists flexibility in their creative rights.
But the story doesn’t end there, artists are also protected by moral rights (such as the right to be recognised as the author of a work and the right to object to any derogatory treatment of their work). Moral rights can’t be assigned to another (but can be waived by the author). To make sure such rights are enforceable, artists must first assert them in writing. This step helps safeguard their creative legacy.
Snap judgement
Visitors are encouraged to steal a moment with the sculptures; selfies, group shots, social media posts – they're all part of the experience. This year debuted the Women's Refuge Sculpture of Strength prize, won by McKerrow's Whakaruruhau. Attendees were encouraged to share pictures of them standing in solidarity with the wahine konganuku, raising awareness of Women's Refuge's mission. But before you frame your favourite piece for commercial gain, remember: copyright laws draw the line.
Under the Copyright Act, it’s fine to include sculptures incidentally in photos or videos, so your panoramic shots are safe. But if you zoom in for a close-up and use it for advertising or merchandise, you’ll need the artist’s permission. Don’t get caught copying your favourite artist's work! If you want to make some money using their art, you'll need to get their permission first.
Best practices
How can artists and organisers make sure copyright protection isn’t just a “pipe dream”?
- Hammer out clear agreements: Decide who owns copyright, what images can be used for and what happens when a work is sold
- Don't cast without consent: Want to use a sculpture’s image for posters or fundraising? Get a licence from the artist – don’t wing it!
- Love the art, avoid the arguments: Always credit creators and check with the copyright owner before moving or modifying their work
- Build up the knowledge: Give artists the information they need to protect their rights – no need to “sculpt in the dark”.
Conclusion
As the year swirls into summer, one hundred statues watch this shift from the edge of the Pacific. Cranes and trucks churn up the Navy driveway, lifting steel ballerinas and dandelions to their new homes. Underneath the noise of the waves and machinery, copyright quietly remains; the unseen current keeping artists' rights free. By following these best practices, everyone can enjoy the art without stepping into legal infringement. Aotearoa's art scene can continue to flow uninterrupted, just like the cloak draping Whakaruruhau's shoulders and the last drops of spring rain tapping onto her copper cheeks.
This article was prepared by Sophie Thoreau (special counsel) and Amy Irvine (solicitor).
