NZ copyright law to get first review in a decade

The results of a review of New Zealand’s copyright laws are expected to be released in the first half of 2018.

The first such review in ten years, it will look at how effectively the Copyright Act 1994 is protecting issues asillegal downloading, safe harbours and fair use.

Recorded Music NZ’s submission sets out a number of priorities for action. These are:

* Reframe the Terms of Reference so that copyright is a seen as a value creator and not merely an input or cost;

* Seek a fair, balance and functioning marketplace, especially in the digital sphere where music is concerned.

* Eliminate “leakage” (estimated to be 42% of the Recorded Music’s market) – i.e. from piracy and exploitative platforms.

“Unfortunately piracy is still a real threat to the creative sector and in music’s case is due to ongoing stream ripping notwithstanding the extensive legal and cost effective services our industry provides to consumers and users.”

* Clarify NZ’s safe harbour rules so that they are for passive users and not active ones which was the intent of the legislature when the rules were introduced in 2008.

* Update Fair Use exemptions but do not follow the US style which has created uncertainty.

* Provide clarity and certainty in the law.

In figures released in 2016, the NZ music industry generated almost NZ$484 million to the country’s economy and employed 4500 full time workers.

The association also estimated that the music industry lost $1.5 billion to piracy between 2001 and 2014.

The review has sparked off long simmering debates between the music and screen creators rights and digital sectors.

New Zealand Screen Association is pushing for infringing sites to be blocked, the way they are in 42 countries including Australia.

But Internet NZ says site-blocking can be evaded, that online piracy has decreased, and that NZ already has the “three strikes” rule to protect creative rights.

“A modern balance for copyright could unlock further benefits of new technology for New Zealand, particularly in our schools and businesses, while maintaining protections for our local creative industries,” said its deputy CEO Andrew Cushen

“Three strikes” was introduced in September 2011 but at $25 a notice – with hundreds of thousands of infringers – the music and screen industries deemed it far too expensive and virtually abandoned it as a way to stop the practice and get compensation.

Consumer Affairs Minister Jacqui Dean has accepted that copyright, especially in the digital era, is highly complex.

She has warned that the Government will “not be able to resolve all issues to everybody’s satisfaction”.