Background
The old, paper-based concept of copyright struggles in today’s digital world. With the advent of the internet, copyrighted material is easily copied and made accessible to many users, worldwide. The right of a copyright-holder to own exclusively and exploit the copyrighted material for it’s own commercial benefit is made difficult and costly as a result.
2008
The Copyright Act 1994 has a new Amendment Act assented to on 11 April 2008 - the Copyright (New Technologies) Amendment Act 2008. The Bill includes provision for dealing with copyright with new technologies in today's digital environment.
For ISPs and other organisations that facilitate internet access (e.g. a university will be an ISP under the Act definition) apart from introducing welcome protections from liability for transient copying over their systems, the main changes are:
Introduction of a notice and takedown regime (in sections 92C and D) for stored or hosted material which is alleged to infringe copyright (e.g., on a third party website hosted by an ISP); and Provision (section 92A) of a termination regime whereby an ISP must have and reasonably implement a policy for the termination of internet accounts of repeat infringers in appropriate circumstances.
In response to the Amendment Act, the TCF established a new working party to develop a self regulated Copyright Code of Practice covering the process for management of infringing material in accordance with the Act, which would be adopted by TCF members and ISP’s in New Zealand.
2009
On 23 March, 2009, the Government decided that section 92A of the Copyright Act 1994 will not come into force on 27 March as scheduled, but will be amended to address areas of concern.
Commerce Minister, Simon Power said in a statement released 23 March: "Allowing section 92A to come into force in its current format would not be appropriate given the level of uncertainty around its operation.”
Mr Power went on to acknowledged efforts by ISPs and rights holders to negotiate an effective policy for the section's implementation. "These discussions have exposed some aspects of section 92A which require further consideration," Mr Power said.
The Government will immediately begin a review to amend the section to address areas of concern.
The Government’s decision to review section 92A means that the Internet Service Provider Copyright Code of Practice draft code in development by the TCF did not proceed any further.
ISP Copyright Code of Practice
A draft Internet Service Provider Copyright Code of Practice (the Code) was prepared by the TCF and issued for public consultation in January 2009 with the closing date for submissions being 6 March 2009.
Submissions
The following submissions were received on the draft Code.