If you’re an independent musician in New Zealand, navigating copyright and licensing can feel like wandering in legal fog. But if you get this stuff solid, it can protect your rights and open up income streams (sync deals, performance royalties, licensing).
Here’s what you need to know, or at least a primer to get your rolling. I’ll attempt to simplify this as much as possible in the first section, though as with all legal things, please talk directly with APRA, NZOA or a music lawyer for clarity before making any life-altering decisions.
Ok, buckle up, it could get bumpy
Part 1 – TL;DR: Copyright and Licensing in Plain(ish) English
If you write or record any music in New Zealand, you already own the copyright. There’s no registration form or official stamp – the law (Copyright Act 1994) automatically protects your work the moment it’s created.
Think of copyright as proof that you made it, and that you control how others can use it.
Ok, thats it – thanks for coming. See you next week.
The two sides of every song
Well, ok….theres a little more to it then that. When you create a copyright song there are actually two separate copyrights usually involved:
- The songwriting/composition – the tune and lyrics.
- The recording/master – the actual track that was recorded.
You might own both, or you might co-own them with other people (bandmates, producers, labels). Each side of this copywrite is licensed separately, so it’s vital to know who owns what. Thats why you sometimes see bands who might have written the song but don’t have rights to sell the song because their record label owns the recording rights.
Regardless, even if you sell or license your song, you still have “moral rights”: the right to be credited as the creator and to object if someone treats your work disrespectfully. It might not mean much when the label is making millions off your music and you’re living under a bridge, but by law they still need to credit you.
Ok so far, I hope.
So who polices all this stuff? Lets quickly cover a few organizations in New Zealand, these are important to at least understand the very basics of what they do.
Key Entities & Organisations You Should Know
- APRA AMCOS NZ looks after songwriters and composers. They collect public performance royalties and handle performing and some reproduction rights for musical works. You register your musical works with them so you get paid when your music is played on radio, live venues, etc.
- Recorded Music NZ handles rights in the sound recordings – the actual audio files or masters.
- OneMusic NZ is a partnership between those two. It sells licences to businesses (cafes, gyms, shops).
- IPONZ, the government’s Intellectual Property Office that provides official info on how the law works. They deal with broader IP stuff; they provide authoritative information and policy guidance about copyright law, licensing copyright, moral rights, etc.
Genrally speaking, if you’re a solo writer/performer, without any form of record deal….an “indy”, you only need to deal with APRA. More on this in a bit.
Part 2 – TL;BPRIA: (Too Long; But Please Read It Anyway)
Lets get into the weeds a little, Ill try to keep it as simple as possible, but hey – legalize is complicated and confusing. If at any point you need more clarification, contact the folks at APRA, they are always too happy to geek out about copyright.
What is Copyright in NZ (and how it works)
- Copyright is automatic under the Copyright Act 1994 – you do not register copyright in New Zealand; protection starts when you create the original work (write it down, record it, etc.). (mbie.govt.nz)
- What counts as a “work”: musical works (melodies, harmony, lyrics), sound recordings, performances. Each of these parts can have different rights attached. (APRA AMCOS)
- Moral rights: Moral rights (for example, the right of attribution and the right to object to derogatory treatment) stay with the author and cannot be assigned to another person, although an author may give written consent (a waiver) for particular uses in a contract. (mbie.govt.nz)
Why Do I Need To Bother With All This Stuff?
Why Licensing & Sync Deals Matter
- Income streams: Upfront sync fees (when someone wants to use your song in a TV show / ad / film) + ongoing royalties (broadcast, streaming).
- Exposure: A song in a commercial or show can bring you in front of new audiences.
- Control: Licensing gives you ways to set limits (where it can be used, for how long, what territories, for what media) and negotiate fair payment.
APRA AMCOS collects and distributes royalties for musical works, but synchronisation (sync) licences are normally negotiated with the rights-owners (songwriter/publisher and, separately, the master owner). APRA receives information about sync fees and distributes them according to its distribution rules (sync distributions are made in the quarter the licence invoice is paid).
Basically, you often don’t know who is using your music, what for or how often. It could be getting played right now on some sketchy Japanese televised gameshow involving plucked chickens and whipped cream, you would have no idea – and most importantly, no chance of getting your sync lisence fees!
Part 3 – Steps to Protect & Prepare Your Music
Ok, all that stuff out of the way – here’s what you can do now (practically) to make sure you’re ready to protect your work and license it properly. You don’t need to go crazy and do each and every 4-bar loop idea you make, just on finished tracks that are being released into the wild, on line somewhere, basically out there being heard as finished songs.
- Keep solid proof / documentation
- Save stems, multitrack sessions, lyric sheets, demo versions, timestamped recordings.
- Use cloud backups + local backups.
- If possible, date your compositions (even emailing yourself drafts can help in disputes, also the age-old “Mail myself a copy of the lyric sheet” is actually pretty convincing evidence).
- Register with APRA AMCOS
- As soon as you have a song finished (or a version of it), register the composition / songwriting. List all co-writers, define splits. This ensures when your work gets used, you get paid correctly. (APRA AMCOS)
- Own your masters (if possible)
- If you record your track, try to own the recording rights (or know exactly who does). Many sync deals require both the composition (songwriting) and the master (the sound recording). If you don’t own the master, negotiation is harder. (APRA AMCOS)
- Expect a fight, getting masters from a studio is next to impossible after the recordings, so stipulate well in advance this is a requirement.
- BTW, the “Masters” doesn’t mean what it used to back in the days of reel to reel tape. Today the masters are considered first generation duplicates of the final track(s). You can extend that to “stems” as well, which is usually each of the individual tracks, though expect a hefty bill for this as it takes a long time usually to prepare.
- Learn the rights you might need to license (for sync and more)
- Composition rights (songwriting, the melody & lyrics)
- Master rights (the actual recording)
- Performance/communication rights (public performances, broadcasts)
- Make sure you know who owns each (you, collaborators, label). If you need to license out one part, you can’t grant permission if someone else owns that piece.
- Brush up often, in typical the legalese corporate world, lawyers love to rename terms, introduce new red tape and jargon – basically make stuff as confusing as possible so you feel you need to hire a lawyer. Here’s my business card.
- Have good contracts / written agreements for collaborations, splits, uses.
- Always have writers decide and agree on ownership splits in writing. In writing! And get everyone to sign it. A verbal agreement down the pub turns to vapor when a track starts making $$$$$
- If someone is producing, mixing, ghost-writing, etc., clarify what rights they have (do they expect to own a portion of the song or be paid a flat fee?).
- Keep written permissions if you sample, or use third-party material (especially lyrics, other recordings).
- Register your works with relevant metadata
- Song title, songwriter(s), publisher(s) (if any), ISRC / ISWC codes (if applicable).
- Make sure your digital distributors / streaming services carry correct metadata so royalties flow correctly.
- Understand licensing for sync deals
- When someone wants to “sync” your song with video/film/game, they’ll typically negotiate: upfront sync fee + royalties for broadcast/stream/streaming views (if applicable). APRA AMCOS collects royalties for musical works, but they don’t issue sync licences themselves – that negotiation is done with you (or your publisher / whoever controls the sync rights). (APRA AMCOS)
- Know what you want (territories, media, duration) before you sign. Example: Does the licence cover all digital platforms worldwide, or only NZ and only for television?
- Be proactive in seeking sync opportunities
- Build relationships with music supervisors.
- Have a good physical / digital catalogue of your songs with stems and instrumentals (often needed for trailers/adverts).
- Make sure your tracks are “mix ready” (having clean masters, versions without vocals, etc.). It’s much easier for a buyer to pick something already usable.
Ok, hope you’re still with me. I’m going to leave it about there, as that covers 90% of what you need to know as an indy artist at this stage of your career. The thing with learning more as it get much deeper, and sometimes know a little gets you in big trouble. It’s “Talk to the lawyers” time at this stage, kids.
Lets just go over the basics once more.
Checklist: What To Do Now If You Have Original Music
- ✅ Join APRA AMCOS, register all your works and decide co-writer splits.
- ✅ Get clear written agreements for collaborations – who owns what.
- ✅ Own your master recordings, or at least understand who does.
- ✅ Keep clean versions & instrumental tracks ready.
- ✅ Learn how to negotiate a sync licence (territory, media, duration, fee).
- ✅ Keep proof of creation: demos, sessions, file versions with dates.
- ✅ Put correct metadata everywhere (streaming, registration, every version).
Common Pitfalls & How to Avoid Them
| Problem | How to Avoid / What to Watch Out For |
| Not clarifying ownership early (co-writers, producer fees) | Always have written agreements up front. Don’t assume everyone understands shares. |
| Using samples or covers without cleared permission | If you sample, get rights from original master & composition. If cover or use someone’s lyrics/text, clear that with the owner. |
| Poor metadata or mis-split royalties | Double check the metadata in APRA, in your distributor platform, etc. Co-writers should agree splits in writing. |
| Signing away rights unwittingly | Read contracts carefully. If a sync library or licensing company asks for exclusive or long-term rights, check whether you still can licence the track elsewhere. |
| Letting things sit unprotected | Even though copyright is automatic, delay in registration with APRA or lack of backups/drafts can make disputes harder. |
When to Get Legal Help
Sometimes the DIY route isn’t enough. Consider consulting a lawyer or IP specialist when:
- You’re negotiating a big sync deal (travel ad, film, TV show)
- Someone wants exclusive ownership or long-term rights to your music
- You want to exploit your catalogue globally / enter into publishing deals
- You believe someone is infringing your copyright and you may have to send takedown notices or pursue legal remedy
Who this “A lawyer” is, I can’t help you with, but contact APRA they know all the people, they will point you in the right direction.
Final Thoughts
The best thing about NZ’s system (for now) is that copyright is automatic, so you already have protection just by creating. What you don’t have for free is always having your rights clearly defined and enforced. That takes a little prep: registrations, metadata, contracts, good masters.
Licensing is not some fantasy outcome you get by luck – it’s something you can make happen if you prepare your music and yourself properly. The legal side might feel daunting at first, especially if you don’t have nay songs released yet, but it’s like learning another instrument: once you get the basics down, it becomes part of your workflow rather than a roadblock.
Good luck!
