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

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The Act, has been opposed by New Zealand artists,<ref>{{cite web|url=http://creativefreedom.org.nz/s92.html|title=Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation|publisher=Creative Freedom NZ}}</ref> technology specialists,<ref>{{cite web|url=http://coffee.geek.nz/saygoodbyetofreedomontheinternetwasnicewhileitlasted|title=Say good bye to freedom on the internet - was nice while it lasted|date=12 November 2008|author=Brenda Wallace}}</ref> [[Internet service provider|ISPs]],<ref>{{cite web|url=http://www.nbr.co.nz/article/isps-new-copyright-law-puts-business-gun-scrap-it-39710|title=ISPs: New copyright law puts business in the gun; scrap it|date=21 January 2009|author=Chris Keall}}</ref> businesses,<ref>{{cite web|url=http://creativefreedom.org.nz/story.html?id=78|title=Guilt Upon Accusation: New Zealand Businesses|publisher=Creative Freedom NZ}}</ref> media commentators,<ref>{{cite web|url=http://it.gen.nz/2008/10/07/ministers-why-we-changed-the-copyright-act/|title=Ministers: why we changed the Copyright Act|author=Colin Jackson|date=7 October 2008}}</ref> librarians<ref>{{cite web|url=http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE|title=Now librarians come out against copyright law|date=20 January 2009|publisher=Computerworld}}</ref> and members of the public.<ref name="Pilcher">{{cite web|url=http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551701|title=Is the new copyright law a lose-lose proposition?|publisher=New Zealand Herald|author=Pat Pilcher|date=13 January 2009}}</ref> The nature of the law changes and the campaign against them has attracted attention internationally.<ref>{{cite web|url=http://www.computerworld.com/action/article.do?command=viewarticlebasic&articleid=9128330/|title=New Zealand gets insane copyright law|publisher=ComputerWorld|date=20 February 2009|author=Mark Gibbs}}</ref>
The Act, has been opposed by New Zealand artists,<ref>{{cite web|url=http://creativefreedom.org.nz/s92.html|title=Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation|publisher=Creative Freedom NZ}}</ref> technology specialists,<ref>{{cite web|url=http://coffee.geek.nz/saygoodbyetofreedomontheinternetwasnicewhileitlasted|title=Say good bye to freedom on the internet - was nice while it lasted|date=12 November 2008|author=Brenda Wallace}}</ref> [[Internet service provider|ISPs]],<ref>{{cite web|url=http://www.nbr.co.nz/article/isps-new-copyright-law-puts-business-gun-scrap-it-39710|title=ISPs: New copyright law puts business in the gun; scrap it|date=21 January 2009|author=Chris Keall}}</ref> businesses,<ref>{{cite web|url=http://creativefreedom.org.nz/story.html?id=78|title=Guilt Upon Accusation: New Zealand Businesses|publisher=Creative Freedom NZ}}</ref> media commentators,<ref>{{cite web|url=http://it.gen.nz/2008/10/07/ministers-why-we-changed-the-copyright-act/|title=Ministers: why we changed the Copyright Act|author=Colin Jackson|date=7 October 2008}}</ref> librarians<ref>{{cite web|url=http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE|title=Now librarians come out against copyright law|date=20 January 2009|publisher=Computerworld}}</ref> and members of the public.<ref name="Pilcher">{{cite web|url=http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551701|title=Is the new copyright law a lose-lose proposition?|publisher=New Zealand Herald|author=Pat Pilcher|date=13 January 2009}}</ref> The nature of the law changes and the campaign against them has attracted attention internationally.<ref>{{cite web|url=http://www.computerworld.com/action/article.do?command=viewarticlebasic&articleid=9128330/|title=New Zealand gets insane copyright law|publisher=ComputerWorld|date=20 February 2009|author=Mark Gibbs}}</ref>


Critics of the Act say that disconnecting an Internet connection - which Tizard has said is a basic human right - is a disproportionate penalty for a civil infringement. ISPs said that, if the law came into effect on 28 February 2009, they would have to cut off access and take down web pages on the basis of accusation of copyright infringement, rather than face legal action from rights-holder organisations. On 23 February 2009, the Prime Minister ([[John Key]]) announced that the law's entering into force would be delayed till March 27 2009 to allow for a code of practice to be negotiated; and that, should the negotiations fail, the law would be 'suspended' (remain out of force indefinitely).
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 [[New_Zealand_–_United_States_relations#United_States_-_New_Zealand_Free_Trade_Agreement|free trade agreement with America]].<ref name="Key"/>
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 [[New_Zealand_–_United_States_relations#United_States_-_New_Zealand_Free_Trade_Agreement|free trade agreement with America]].<ref name="Key"/>


Revision as of 19:56, 4 April 2009

Template:Mergesection 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 92A

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

Implementation 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 response to the New Zealand Internet Blackout the controversial new section 92A 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]

In response to the pullout by TelstraClear from the proposed Code of Practice for ISPs, and citing "fundamental flaws" in section 92A, the Government has shelved the section, and will be redrafting the law.[4]

Reception

The Recording Industry Association of New Zealand (RIANZ), certain members of the Australasian Performing Right Association, and SKY Network Television support the Act. [5][6]

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”. [7]

The Act, has been opposed by New Zealand artists,[8] technology specialists,[9] ISPs,[10] businesses,[11] media commentators,[12] librarians[13] and members of the public.[14] The nature of the law changes and the campaign against them has attracted attention internationally.[15]

Critics of the Act say that disconnecting an Internet connection - which Tizard has said is a basic human right - is a disproportionate penalty for a civil infringement. ISPs said that, if the law came into effect on 28 February 2009, they would have to cut off access and take down web pages on the basis of accusation of copyright infringement, rather than face legal action from rights-holder organisations. On 23 February 2009, the Prime Minister (John Key) announced that the law's entering into force would be delayed till March 27 2009 to allow for a code of practice to be negotiated; and that, should the negotiations fail, the law would be 'suspended' (remain out of force indefinitely). 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]

In March 2008, TelstraClear announced its withdrawal from a proposed Code of Practice for internet providers, effectively side-lining Section 92A.[16] Google has also signalled its opposition to Section 92A, warning that the amendment would 'undermine the "incredible social and economic benefits" of the internet and was disproportionate to the problem it aimed to address.'[6]

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. ^ "PM's Presser : Copyright to remain silent". Scoop. 23 March 2009.
  5. ^ http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/comment-page-2/#comment-523640
  6. ^ a b Dominion Post 16 Mar 2009 - Google opposes new copyright law
  7. ^ http://creativefreedom.org.nz/
  8. ^ "Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation". Creative Freedom NZ.
  9. ^ Brenda Wallace (12 November 2008). "Say good bye to freedom on the internet - was nice while it lasted".
  10. ^ Chris Keall (21 January 2009). "ISPs: New copyright law puts business in the gun; scrap it".
  11. ^ "Guilt Upon Accusation: New Zealand Businesses". Creative Freedom NZ.
  12. ^ Colin Jackson (7 October 2008). "Ministers: why we changed the Copyright Act".
  13. ^ "Now librarians come out against copyright law". Computerworld. 20 January 2009.
  14. ^ Pat Pilcher (13 January 2009). "Is the new copyright law a lose-lose proposition?". New Zealand Herald.
  15. ^ Mark Gibbs (20 February 2009). "New Zealand gets insane copyright law". ComputerWorld.
  16. ^ NZ Herald, 12 Mar 2009 - TelstraClear snubs internet law agreement


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