Tackling Copyright Issues Copyright (New Technologies and Performers’ Rights) Amendment Bill 2 February 2006 Keith Davidson Executive Director

2 Overview The Government is making changes to the Copyright Act. Changes include issues on ISP liability, through to changes in its approach to digital rights management technology and format shifting.

3 ISP situation Currently there is little protection for ISPs against copyright infringement caused by ISP customers. The Bill seeks to remedy that. This should be welcomed in principle by the industry - but current bill needs improvement.

4 ISP issues The definition of ISPs currently only covers access providers Useful to extend to web hosts and others? Exclusions are provided for transmission and hosting but there are substantial holes that might leave ISPs and hosting firms vulnerable A “notice and takedown” system is proposed in the Bill

5 Notice and notice takedown InternetNZ proposing “notice and notice” takedown system (We don’t believe ISP’s should be forced to make decisions on what is or isn’t a breach) Cyberlaw research at Victoria University identified the need for “notice and notice” for Copyright and maybe also defamation.

6 TPM and DRM The Bill uses the term “Technological Protection Measures” to refer to digital rights management technology. The proposed changes target trafficking in circumvention devices, or “TPM spoilers”. Use of TPM spoiling devices is not prohibited, only the selling and/or promotion of them.

7 Permitted Acts, Fair Use Proposed permitted acts include: Decompilation of software – needs a technical look-over to ensure this is up to scratch Format shifting of sound recordings – needs to be rethought as doesn’t include video, has a two year sunset clause, and the supplier can contract out Time shifting – limits retention to a “reasonable time”, which is ambiguous and unenforceable

8 What you can do Start your reading and research now Submissions are due on February 16 to the Commerce Select Committee. InternetNZ is seeking an extension to this for its submission and suggests other people do the same. InternetNZ is running public workshops on February 13 in Wellington and February 14 in Auckland featuring expert lawyers, technologists and industry participants. Everyone with an interest in this issue should attend.

9 Thank You Keith Davidson