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Items . New Zealand Copyright Law updated
 14-04-2008
New Zealand Copyright Law updated
Copyright Licensing Ltd (CLL) welcomes the long awaited update to New Zealand's copyright law which will resolve any uncertainties about what copying is permitted under statutory exceptions in the digital environment. Notwithstanding, CLL is disappointed that the review was not a comprehensive review which considered all aspects of the law rather than just those pertaining to digital technology.
Kathy Sheat, CEO of CLL said: “We believe that certain provisions contained in the 1994 Copyright Act are out of alignment with international convention and adversely affect the legitimate interests of authors and publishers. This fact was highlighted by submissions made by the International Publishers Association. (IPA)”
The IPA had submitted that to comply with its international obligations New Zealand legislation should exclude commercial research and the communication right from fair dealing; ensure that educational institutions could not use section 44(1) to make digital copies of whole works; and only permit multiple copying where licensing solutions were not available.
“We are disappointed that the Select Committee has ignored the IPA submissions and that the Bill now allows electronic copying under section 44(1) of the Act”, Sheat said.
The Copyright (New Technologies) Amendment Bill clarifies how copyright applies to today’s digital technologies and provides a technology neutral framework which should stand the test of time as digital technology continues to develop. It will provide greater clarity and certainty over the scope of use and enforcement of rights.
The main changes made by the Bill are to:
• create a technology neutral framework - for example by replacing technology specific terms such as “broadcasting” and “cable programme service” with technology neutral terms such as “communicate” and “communication work”;
• create a technology-neutral right of communication to the public;
• clarify the liability of Internet Service Providers “ISPs” when it comes to copyright infringement;
• introduce a limited exception from copyright infringement where the ISP merely provides the physical facilities to enable a communication to take place;
• ensure that there is no liability for an ISP when storing and caching infringing copyright material when it prevents access to infringing material as soon as possible after it becomes aware that the material is likely to infringe copyright;
• allow digital copying under statutory exceptions (fair dealing, educational exceptions, library provisions);
• allow format shifting of sound recordings for personal use provided certain conditions are met. (The original purchaser must retain both the original version of the sound recording purchased and the copy made);
• provide more comprehensive protection for Technical Protection Mechanisms. (Circumvention of a TPM for large-scale commercial dealing in copyright material is a criminal offence);
enable the actual exercise of permitted acts where TPMs have been applied.
• continue the 9 month parallel importation ban on films from their international release date
For further information, contact:
Kathy Sheat, CEO, Copyright Licensing Ltd
Phone: (09) 486 6250
Mobile: 021 480 271
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