[Nz-folk] Copyright Amendment Bill Passed [Off Topic]
blue.smoke at actrix.gen.nz
Wed Apr 9 16:58:52 NZST 2008
Tizard - beehive.govt.nz
Link to Minister: Judith Tizard
(New Technologies) Amendment Bill passes third reading
Posted: 08 Apr 2008 12:26 AM CDT
Legislation that updates New Zealand's copyright
law to ensure that we keep up to speed with
recent advances in digital technology passed its
third and final reading in the House today by a
vote of 111 to 10, announced the Associate Commerce Minister Judith Tizard.
The Copyright (New Technologies) Amendment Bill
forms part of the Labour-led governments
wide-ranging reform of intellectual property law
in general, said Judith Tizard.
This work supports the governments goals of
promoting innovation, creativity and economic
growth, meeting the needs of business, providing
greater clarity and certainty over the scope and
enforcement of intellectual property rights,
taking account of international practice, and
complying with New Zealands international obligations.
A robust, up to date intellectual property
rights regime is an essential part of an
innovative, growing economy, said Judith Tizard.
The Bill will update and clarify how copyright
applies to new technologies in todays digital
environment, promote a modern legal framework
that guides the protection and use of copyright
material, ensure the effective operation of the
Act in the face of emerging technologies, and
ensure that the Copyright Act remains fair and
effective in the face of emerging needs of a
dynamic and technology-supporting economy.
The Bill will maintain the balance between
protection, access and use already established in
the original Act, said Judith Tizard.
Key Provisions of the Copyright (New Technologies) Bill
It amends and replaces existing terms to create
a technology neutral framework
It creates a technology-neutral right of communication to the public.
Technology-specific terms such as broadcasting
and cable programme service are replaced with
technology-neutral terms such as communicate and communication work.
It clarifies the liability of Internet Service
Providers ISPs when it comes to copyright infringement.
It introduces a limited exception from
copyright infringement where the ISP merely
provides the physical facilities to enable a communication to take place.
It provides that there is no liability for an
ISP when storing and caching infringing copyright
material when it deletes or prevents access to
infringing material as soon as possible after it
becomes aware that the material is likely to
infringe copyright. To facilitate ISPs becoming
aware of infringing material, the Bill provides
for a template notice to be used.
It updates the existing permitted acts for fair
dealing and educational establishments, libraries and archives.
Educational establishments, libraries and
archives can create and store digital copies of
works on the Internet or other electronic
retrieval systems, provided certain conditions are met.
It provides a new limited exception to
copyright infringement for Educational Resource
Suppliers under certain conditions. This will
help schools to make greater use of audio visual
copyright material without infringing copyright.
It provides a format shifting exception for
copying sound recordings for personal use or the
personal use of their household provided certain
conditions are met. This exception for format
shifting of sound recordings aligns the law with
the publics needs for listening to music,
although it still takes into account the
protection afforded by copyright to the copyright owner.
Two key conditions to the format shifting
exception is that the original purchaser must not
make more than one copy for use on each device
owned and the purchaser must retain both the
original version of the sound recording purchased
and the copy made. This provision does not
legitimize copying of CDs for friends or online
file-sharing, both these actions remain an infringement of copyright.
It provides new limited exceptions for
decompilation or adaptation of computer programs under certain conditions.
It provides that a lawful user of a computer
program does not infringe copyright in it by
observing, studying or testing the functions of
the program in order to determine the ideas and
principles that underlie the program.
Copyright owners are increasingly using
technological protection measures TPMs as a
practical means to protect their copyright and to
develop new business models for the dissemination
of their material in the digital environment.
The previous Act allows copyright owners to
take action against a person who supplies or
manufactures devices, means or information
specifically designed to circumvent
copy-protection and which are intended to be used
to make infringing copies of copyright works.
The Amended Act will give more comprehensive
protection to TPMs in response to the increased
risk of copyright piracy by giving copyright
owners the ability to take action in respect of
devices, means or information where circumvention
could enable the infringement of all the
copyright owners exclusive rights, and not just copying (e.g. webcasting).
It introduces criminal offence provisions in
limited circumstances where circumvention of a
TPM is for large-scale commercial dealing in copyright material.
It introduces new provisions to enable the
actual exercise of permitted acts where TPMs have been applied.
It continues the 9 month parallel importation
ban on films from their international release
date (which was set in legislation to expire on
31 October 2008). The Bill puts in place the 9
month ban until 31 October 2013.
The purpose of the ban is to encourage
investment in and the promotion of film
production, distribution and exhibition
industries and to protect cinema ticket sales by
ensuring a films cinematic exhibition does not
coincide with its availability on video tape or in DVD format.
information is available on the MED website
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