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Home / Entertainment

Copyright law: Kiwi TV and film directors forced to work overseas want changes to rules

Mitchell Hageman
By Mitchell Hageman
Multimedia Journalist·NZ Herald·
31 Aug, 2025 07:59 PM8 mins to read

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Acclaimed Kiwi director Zoë McIntosh often heads across to Australia to find work, as local opportunities and funding are far and few between.

Acclaimed Kiwi director Zoë McIntosh often heads across to Australia to find work, as local opportunities and funding are far and few between.

It’s no secret New Zealand makes some great film and TV, but increasing challenges facing the screen industry is driving Kiwi directors overseas and out of the business, leaving those remaining and entering the craft in tough positions.

Award-winning Kiwi director Zoë McIntosh says in all her years in film-making, she’s never received so many emails asking her if she knows of any local jobs going.

It’s a concerning concept for the documentary and ad specialist, who herself often heads to Australia for work, like many other Kiwi creatives in similar positions.

“New Zealand is pretty slow at the moment,” she says, adding that every week she hears of fellow directors who have gone overseas for work.

“The economy seems to be much better [in Australia], and there seems to be better budgets [for film and TV]. There are just a lot more opportunities.”

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But what is causing this exodus? And why is it such a struggle to get work in New Zealand?

Directors and Editors Guild of New Zealand executive director Tui Ruwhiu describes the industry’s mounting problems in stark terms.

“Essentially, our industry is constricting. There is less funding available, and there is less content being made,” he says.

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“I’m seeing more directors going to Australia looking for work, and I’m seeing people moving out of the screen industry because there just isn’t enough work, particularly for what we would call emerging directors”.

McIntosh and Ruwhiu both agree there are simple solutions to the problems faced, but it will take government legislative change and commitment from the industry to action them.

Zoë McIntosh says New Zealand's film industry is "pretty slow" with our trans-Tasman neighbours touting more opportunity.
Zoë McIntosh says New Zealand's film industry is "pretty slow" with our trans-Tasman neighbours touting more opportunity.

The copyright conundrum

One major problem is that there is an ownership issue at play, with directors losing out financially from intellectual property due to tricky copyright law.

A simple change in New Zealand’s copyright law “could well help somebody pay their rent for the next month or pay their food bill for the next week,” Ruwhiu says.

Under section 21, the current understanding of the Copyright Act gives ownership of the rights of a film or project to producers.

While directors hold what are described as moral rights, they don’t hold economic rights when it comes to copyright. This leaves them limited in deciding what happens to the work once it’s created, with less ability to profit from the work once it’s released.

“We have been working for over 20 years now to get directors recognised as one of the authors for economic rights under the Copyright Act,” Ruwhiu notes.

“It’s an anomaly that directors are recognised as authors, but only in regard to moral rights. That doesn’t make a lot of sense. There’s a conflict, because the director as the author should also have the economic right associated with it as well.”

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Tui Ruwhiu, executive director of the Directors and Editors Guild of Aotearoa New Zealand, says a change to copyright laws is well overdue.
Tui Ruwhiu, executive director of the Directors and Editors Guild of Aotearoa New Zealand, says a change to copyright laws is well overdue.

Other countries already have processes in place. The UK and the European Union give producers and directors dual copyright ownership of films, and the US even has a residual system where directors can continue to profit from their work.

“[Residuals] work, but it requires collective agreements to be put in place, and we don’t have collective agreements in the screen industry. It also requires negotiation,” Ruwhiu adds.

McIntosh says it’s not a matter of vanity but being given credit for the amount of work put into a screen project.

“I think giving directors copyright isn’t about ego, it’s just about equity and sustainability. You’ve got to imagine these directors are starting right from the get-go [of a project] project and [working] right till the end of the film. It really does make sense, I think, to be giving them some of those perks at the back end.”

Minister of Commerce and Consumer Affairs Scott Simpson confirmed New Zealand had an obligation under the recently signed NZ-EU Free Trade Agreement to make certain amendments to the Copyright Act by mid-2028.

“However, there is also scope to make other changes while we update the Act,” he told the Herald.

Simpson also noted he had held two industry roundtables and would be engaging further with all copyright stakeholders, including directors and producers, as they look to progress changes.

“While the scope and timeframe for this work has not been decided, there have been significant technological changes since the last major review of the Copyright Act in 2008. I believe it would be good to make some updates to the law to ensure that it is fit for purpose and to enable businesses, organisations, and creators to effectively go about their work.”

He said that in considering any potential changes, it would be “important to balance the interests of consumers and others affected by copyright laws” so they could “confidently access, consume, adapt, and preserve works in a manner that benefits society as a whole”.

Commerce Minister Scott Simpson said New Zealand has agreed make certain amendments to the Copyright Act by mid-2028.
Commerce Minister Scott Simpson said New Zealand has agreed make certain amendments to the Copyright Act by mid-2028.

Funding failures and dwindling opportunities

There’s also the issue of funding for NZ film and TV in general, coupled with a lack of opportunities for Kiwi directors.

Actor and director Aidee Walker says she often sees the work dry up for both established directors and those who are up-and-coming.

“You’ll have a friend who’s made an incredible project, and then it doesn’t necessarily lead to another job offer, and it will shock you. You’ll be like, what do you mean? Isn’t the phone ringing for you?”.

She tells me of one director who made a successful feature film in New Zealand and then had to go to Australia for work, and another who made something with a decent budget, and on the next show, that budget was halved.

“There’s no real career development or career progression often with projects in New Zealand. Sometimes, you’re trying to take any job you can to sort of survive.”

Actress, writer and award winning film maker Aidee Walker says she knows plenty of directors who cross the ditch because they can't get sustainable work in New Zealand. Photo / Richard Robinson
Actress, writer and award winning film maker Aidee Walker says she knows plenty of directors who cross the ditch because they can't get sustainable work in New Zealand. Photo / Richard Robinson

Ruwhiu notes that back in the 1970s and 80s, a lot of money was going into local film and TV, and there were no streaming services to compete with. Now, the industry is grappling with the loss of advertising revenue, and the impact on local media companies.

“There’s less money available for the production of New Zealand content. For directors, writers and New Zealand producers, domestic production is key,” he says. “International production doesn’t really help”.

“The situation that’s happening with streamers is making it tricky, and the economy is tricky,” McIntosh agrees.

“It just doesn’t seem to be the same number of projects being funded. I’m lucky I’m on a feature film at the moment, but I can certainly say a lot of my friends within the industry are just not working at the moment.”

Labour’s spokesperson for Media and Creative Economy, Reuben Davidson, told the Herald it was “essential” that New Zealand invests in local talent, and that there are multiple levers available for the Government to achieve this.

“We have amazing talent. Our Government should be backing them, not forcing them to disappear.”

“The Screen Production Rebate (SPR) provides the opportunity for our local film industry to bring in international productions, but we need to push for New Zealand talent to be writing, directing, and producing these major productions”.

Labour's Creative Media spokesperson Reuben Davidson says the Government should focus on retaining Kiwi directing talent.
Labour's Creative Media spokesperson Reuben Davidson says the Government should focus on retaining Kiwi directing talent.

He also agreed that, given the rapid changes across the industry, a comprehensive review of copyright laws was overdue.

“[The Government] is missing the opportunity to widen the scope and get ahead of the ball in this area, which would strengthen vital protections for local IP.”

In a recently released creative sector strategy document Amplify, Minister Paul Goldsmith said it was the Government’s vision to “be as well known for its arts and creativity as it is for dairy exports and beautiful scenery”.

The document revealed the Government wants the economic contribution of the arts and creative sectors to grow to at least $22 billion (of GDP), with a focus on cultural exports and tourism by 2030. It also wants to have 5000 more people working in the creative and cultural sector by 2030.

As part of strategic pillars, Amplify will look to focus on “New Zealand’s creative and cultural talent pipeline and supporting sustainable career opportunities,” as well a “modernising and streamlining government regulation so it enables the cultural sectors to thrive”.

“This is not a set-and-forget strategy,” Goldsmith said. “Amplify will be a living document, updated regularly with input from creative industries to ensure it remains relevant to the sector. The conversation will continue”.

Optimism v reality - the next generation

While legislation changes and funding are key pieces of the puzzle, Walker says there’s also a sense of self-responsibility and commitment when entering the industry.

“I must say, I did get to a point where I had to have determination to stay in the industry.

“I think the big thing is patience. You feel like when you’re young, you have to have everything very quickly. I think it’s about having a lot of humility, a lot of patience, and a lot of passion.”

Ruwhiu agrees, noting that while passion and commitment were a must in the business, people also have to think about their futures.

“I think that there is a need to be a little bit more strategic than just being entirely driven by passion and the desire to be truly creative,” he says.

“I think if young people gave that a little bit more thought, it might be more helpful to them advancing themselves in a career.”

For Walker, every little bit counts, and she hopes that small decisions and movements can help keep Kiwi film thriving.

“Even with incremental changes, as long as they’re beneficial, they can contribute to the whole impact.”

Mitchell Hageman joined the Herald’s entertainment and lifestyle team in 2024. He previously worked as a multimedia journalist for Hawke’s Bay Today.

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