[Linux-aus] Fwd: [A2k] New Zealand: Copyright (New Technologies and Performers' Rights) Amendment Bill

Janet Hawtin lucychili at gmail.com
Thu Dec 14 12:51:02 UTC 2006

---------- Forwarded message ----------
From: Manon Ress <manon.ress at cptech.org>

"more in line with our major trading partners" , less costly for
copyright owners and "may increase liability risks for users" it says.

Link to Bill and explanatory notes.



The preferred option clarifies, and in some cases extends, existing
regulation under the Act in the following ways:

o    provides an exception for transient copying in certain

o    replaces copyright owner's existing technology-specific rights
to control  distribution via broadcasting and cable programme
services with a
      technology-neutral right applying to all forms of communication
of  copyright works to the public:

o    provides copyright protection for all communication works (for
example,  transmission via the Internet), not just the signals that
carry content in broadcasts and cable programmes:

o    repeals the exemption for cable programme services to retransmit
free-to-air broadcasts without the permission of the broadcaster:

o    limits liability for Internet service providers for both primary
and  secondary infringement in appropriate circumstances, including
to allow
      caching (ie, storage of Internet documents on the service
provider's servers to be retrieved at a later time):

o    prohibits the supply or manufacture of devices, means, or
information that circumvent technological protection mechanisms,
where circumvention could enable infringement of any of the copyright
owner's exclusive rights (eg, technological devices on music CDs that
prevent the content from being  copied), and provides criminal
penalties for large scale commercial  dealing in circumvention
devices, means, or information:

o    introduces protections for electronic rights management
information (ERMI)  that identifies content protected by copyright
and the terms and
      conditions of use, and providing criminal penalties for large
scale  commercial dealing in copyright material where the dealer
knows that  ERMI has been removed or altered:

o    clarifies the extent to which digital material can be made
available by libraries and archives, clarifies the extent of
educational use and
      time-shifting, and introduces exceptions for format shifting,
decompilation and error correction.

Net benefit of the proposal, including the total regulatory costs
(administrative, compliance and economic costs) and benefits (including
non-quantifiable benefits) of the proposal

Copyright owners

Clear and transparent copyright law in the digital environment
reduces the need for legal advice or time consuming, costly
litigation. It also potentially reduces rates of piracy as a result
of clear guidance as to what constitutes infringement. Increased
certainty is created by New Zealand's law being more in line with our
major trading partners.

There are increased incentives for investment in creative industries,
information communication technology development and new business
models for delivery of copyright works (such as on-demand services).

Users of copyright material

Certainty in how the exceptions in the Act apply to digital works
allows users (in particular, libraries and educational institutions)
to make use of digital technology with confidence. Where breach of
copyright occurs, however, the clarity provided by the amended
legislation may lead to an increased risk of liability for users of
copyright works.

Increased certainty also encourages continued supply of copyright
works and means of distribution (by Internet service providers, for
example) within New Zealand and from overseas, setting conditions to
encourage continued access to information and innovations necessary
for cumulative innovation.

Where uncertainties in the application of the exceptions provided in
the Act are clarified, it may be, for example, that some libraries
and educational establishments will be prevented from making
particular uses of copyright material without a licence from the
copyright owner. This involves both financial and administrative
costs. However, as libraries and educational institutions are already
significant users of copyright licenses, many of these uses may
already be covered by the licensing arrangements.

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