Thursday, 19 February 2009

Update on changes to copyright law in New Zealand

As I posted last month, an amendment to the Copyright Act 1994, Copyright (New Technologies) Amendment Act was passed into law last year. Here's an update on what's been going on.

Section 92A of the Copyright (New Technologies) Amendment Act comes into play on February 28 2009. The Telecommunications Carriers’ Forum released a Draft ISP Copyright Code of Practice a couple of weeks ago which provides guidelines for ISPs, copyright holders and internet users on what process to follow. It's open for public consultation until Friday, 6 March 2009.
The draft code recommends that after three Education Notices (which users can Counter-Notice against) the fourth infringement or copyright breach means termination of access. Downstream ISPs won't have their access terminated because one of their customers has breached copyright. (So in my example last time, the internet cafe owner would still have a business and the library will still be able to provide public internet access.)

The Creative Freedom Foundation has organised an internet blackout where people against the new law have been changing their internet icons to a black box. This has caused some confusion on social networking sites where the blacked out icons look quite imposing. (Even Stephen Fry has joined in.) They have organised a public demonstration in parliament grounds today. At 12.30pm, as part of the demonstration, CFF Director Bronwyn Holloway-Smith will present the petition to the government via Hon Peter Dunne of United Future. There is even a theme song.

Ernie Newman, the Chief Executive, has been musing about the law in his TUANZ hosted blog.

Despite all the protests it's unlikely that the introduction of the law will be delayed. Breaching copyright is against the law now and it will be against the law in the future. It's important that we're all aware of what our rights and responsibilities are with regards to copyright. I'll be posting on the various licences available to New Zealanders next Tuesday.

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