[Nz-folk] Copyright Amendment Bill Passed [Off Topic]

[Eddie O'Strange]

<http://feeds.beehive.govt.nz/minister/judith+tizard/>Judith<http://feeds.beehive.govt.nz/minister/judith+tizard/> 
Tizard - beehive.govt.nz

<http://feeds.beehive.govt.nz/minister/judith+tizard/>
Link to Minister: Judith Tizard



<http://feeds.feedburner.com/~r/beehive-govt-nz/minister/judith-tizard/~3/266126191/copyright+new+technologies+amendment+bill+passes+third+reading>Copyright 
(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 government’s 
wide-ranging reform of intellectual property law 
in general,” said Judith Tizard.

This work supports the government’s 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 Zealand’s 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 today’s 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 public’s 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 “TPM’s” 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 film’s cinematic exhibition does not 
coincide with its availability on video tape or in DVD format.

<http://www.med.govt.nz/templates/ContentTopicSummary____1103.aspx>Background 
information is available on the MED website
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