Copyright Law Change APrIGF “International Law Enforcement” Track

Agenda Introduction to InternetNZ Copyright Context 2008 amendments 2011 amendments Enforcement Lessons

Introduction to InternetNZ To protect and promote the Internet for New Zealand Membership-based and open to all InternetNZ holds the delegation for the.NZ domain (and operates it through two subsidiaries) Some of the proceeds fund our policy and international work

Copyright context The Internet: the world’s greatest copying machine Global push to tighter enforcement and stronger rights Multilateral institutions “not delivering” Plurilateral drive for more protection These global pressures have their effect on NZ

Copyright context in NZ NZ Copyright Act updated in 1994, technology neutrality a feature. NZ signed TRIPs in mid 1990s NZ not a member of WIPO Internet treaties Long review to update the Copyright Act

2008 Amendments Format shifting exemption added Safe harbour created for ISPs Notice and takedown required for hosted content “92A” – DMCA-style clause: An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.

#Blackout Negotiations between ISPs and rights holders how to implement this clause broke down The government changed after a general election An online campaign #BLACKOUT was organised by the online community The new government suspended the clause and decided to start again

2011 amendments Focus on “infringing file sharing” Notice-based system without disclosure of account holder details Strict liability for account holders for infringing Three strikes: rights holder can take account holder to Copyright Tribunal Presumption rights holder allegations stand unless challenged by account holder Maximum penalty of $15,000 In reserve: Account suspension, to be imposed by the District Court

Enforcement: private Detection of peer to peer infringing the focus Privately organised by rights holders WikiLeaks indicates some funding from USG ISPs remain conduits and notice-passers Volume of notices yet to be seen (1 Sept)

For the future Measuring success or otherwise of the regime Volume of notices Practice of the Tribunal Decision point on account suspension ACTA/TPPA implications An endless redrawing of the goalposts towards tighter protection and more vigorous enforcement

Thanks Our website: internetnz.net.nzinternetnz.net.nz Jordan Carter Policy Advisor