Copyright (New Technologies) Amendment Act 2008: Difference between revisions

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== References ==
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[[Category:Proposed laws]]
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[[Category:Intellectual property law]]
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[[Category:New Zealand Statutes]]
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Revision as of 05:50, 13 March 2009

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The Copyright Amendment Act of 2008, No 27 was an act passed by the New Zealand Parliament amending the Copyright Act 1994. It received Royal Assent on 11 April 2008.[1]

Background

In 2001[2], the Ministry of Economic Development initiated a major review of copyright law, in light of new technologies, such as media in digital form and communications via the internet.

Details

The Act makes many changes, some of which include:

  • The repealing of Section 4, which defined "cable programme service" and other terms.
  • Sections 92A-92E added involving liability of Internet Service Providers.


Section 92(A)

Sections 92(A) in particular has drawn widespread opposition, including the online New Zealand Internet Blackout campaign.

Implementantion and delays

Most of the Act took effect on 31 October 2008, but section 19(2) (which deals with importing films) took effect earlier on 12 April 2008.[1]

In responce to the New Zealand Internet Blackout the controversial new section 92(A) of the Copyright Act (inserted by section 53) has been delayed until 27 March 2009.[3] Sections 48 and 85 (which deal with public playing of communication works) do not yet have a date set when they will take effect.[1]

Reception

The Recording Industry Association of New Zealand (RIANZ) supports this Act. [4]

In December 2008, the Creative Freedom Foundation started a campaign (named the New Zealand Internet Blackout) criticizing changes to Section 92 included in the Act. The group claims these will introduce “guilt upon accusation”. [5]

The Act, has been opposed by New Zealand artists,[6] technology specialists,[7] ISPs,[8] businesses,[9] media commentators,[10] librarians[11] and members of the public.[12] The nature of the law changes and the campaign against them has attracted attention internationally.[13]

The New Zealand Prime Minister, John Key, stated that the stronger copyright laws, including the controversial section 92a, were required for New Zealand to be able to negotiate a free trade agreement with America.[3]

See also

References

  1. ^ a b c "Copyright (New Technologies) Amendment Act 2008 No 27 (as at 31 October 2008), Public Act - New Zealand Legislation".
  2. ^ "Digital Technology and the Copyright Act 1994: A Discussion Paper". MED. July 2001.
  3. ^ a b "Key: We still need a new internet copyright law". NZPA. 24 February 2009.
  4. ^ http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/comment-page-2/#comment-523640
  5. ^ http://creativefreedom.org.nz/
  6. ^ "Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation". Creative Freedom NZ.
  7. ^ Brenda Wallace (12 November 2008). "Say good bye to freedom on the internet - was nice while it lasted".
  8. ^ Chris Keall (21 January 2009). "ISPs: New copyright law puts business in the gun; scrap it".
  9. ^ "Guilt Upon Accusation: New Zealand Businesses". Creative Freedom NZ.
  10. ^ Colin Jackson (7 October 2008). "Ministers: why we changed the Copyright Act".
  11. ^ "Now librarians come out against copyright law". Computerworld. 20 January 2009.
  12. ^ Pat Pilcher (13 January 2009). "Is the new copyright law a lose-lose proposition?". New Zealand Herald.
  13. ^ Mark Gibbs (20 February 2009). "New Zealand gets insane copyright law". ComputerWorld.