Published Friday 14 Aug 2009
The TCF is welcoming the latest Ministry of Economic Development (MED) proposal on copyright law as a significant step forward.
The Telecommunications Carriers’ Forum (TCF) is welcoming the latest Ministry of Economic Development (MED) proposal on copyright law as a significant step forward. The previously proposed, but currently suspended, section 92A of the Copyright Act made internet service providers (ISPs) responsible for terminating the accounts of those who break copyright law. The ministry has now proposed that an independent expert adjudicate over suspected internet copyright theft.
The TCF submission in response to the MED proposal was endorsed by both ISPANZ and TUANZ.
“It’s quite clear to us that neither service providers nor customers want ISPs to have to police the internet. So we’re pleased the ministry has listened to the feedback, and we fully support the introduction of an independent adjudicator like the Copyright Tribunal,” said TCF independent chairperson Richard Westlake.
The TCF remains concerned, though, that the proposal does not specify who has to identify repeat infringers. The TCF believes that ISPs are the only parties who can do this and that they will be required to report repeat infringement back to rights holders. This will impose significant costs on ISPs who will have to adapt systems and set up processes to help third parties enforce their rights. “We believe ISPs should be reimbursed for any costs of taking on this quasi law-enforcement role beyond simply passing on notices to alleged infringers,” said Mr Westlake. In the TCF’s view, the primary objective of the proposed system should be to educate people on the harm that copyright infringement can cause.
Much work also needed to be done to establish more appropriate ways to distribute content in the internet era while protecting rights holders’ interests, so that people could enjoy the improved access to creative material that the internet allows, with less need to obtain that material illegally, he said.
ENDS
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A copy of the TCF’s submission can be obtained from: www.tcf.org.nz/copyright.