title: Copyright Law in New Zealand:  Should We Adopt Fair Use?

authors: Greer, Shelley Elizabeth

subjects: copyright

abstract: Copyright exceptions limit the rights of copyright owners to control the reproduction, distribution, performance and display of their works.  Fair use and fair dealing are models of statutory copyright exceptions that developed from the same body of common law in the United Kingdom.  Fair use is found in the United States of America and several other jurisdictions.  It involves an assessment of the fairness of the use of a copyrighted work and is characterised by its inherent flexibility.  Fair dealing is found in a number of Commonwealth jurisdictions, including New Zealand, and also involves an assessment of the fairness of the use.  However, in order for a use to constitute a fair dealing, the use must first fall within the scope of certain enumerated purposes.  Accordingly, fair dealing is more restrictive than fair use, less able to adapt to new technologies and is more likely to limit uses of copyrighted works that do not harm copyright owner’s markets.  In response to rapid advances in digital technology a number of fair dealing jurisdictions have recently expanded their copyright exceptions with some, such as Australia and Ireland, recommending the adoption of fair use.   The advantages of fair use are numerous and extensive.  These advantages include that fair use promotes the objective of copyright, is flexible and technology neutral, is sufficiently certain, aligns with public expectations and uses of copyright and complies with international treaties and trade agreements.  Accordingly, this paper argues that New Zealand should adopt a fair use exception into its copyright law.

text: Copyright Law in New Zealand:  Should We Adopt Fair Use? Copyright exceptions limit the rights of copyright owners to control the reproduction, distribution, performance and display of their works.  Fair use and fair dealing are models of statutory copyright exceptions that developed from the same body of common law in the United Kingdom.  Fair use is found in the United States of America and several other jurisdictions.  It involves an assessment of the fairness of the use of a copyrighted work and is characterised by its inherent flexibility.  Fair dealing is found in a number of Commonwealth jurisdictions, including New Zealand, and also involves an assessment of the fairness of the use.  However, in order for a use to constitute a fair dealing, the use must first fall within the scope of certain enumerated purposes.  Accordingly, fair dealing is more restrictive than fair use, less able to adapt to new technologies and is more likely to limit uses of copyrighted works that do not harm copyright owner’s markets.  In response to rapid advances in digital technology a number of fair dealing jurisdictions have recently expanded their copyright exceptions with some, such as Australia and Ireland, recommending the adoption of fair use.   The advantages of fair use are numerous and extensive.  These advantages include that fair use promotes the objective of copyright, is flexible and technology neutral, is sufficiently certain, aligns with public expectations and uses of copyright and complies with international treaties and trade agreements.  Accordingly, this paper argues that New Zealand should adopt a fair use exception into its copyright law.

year: 2016

title: Harnessing the private sector for rural development, poverty alleviation and HIV/AIDS prevention

authors: Lim, Steven

subjects: rural development

abstract: In resource-constrained developing countries, mobilizing resources from outside sources may assist in overcoming many development challenges. This paper examines the Thai Business Initiative in Rural Development (TBIRD), an NGO-sponsored program that brings together the comparative advantages and self-interest of rural villages, private sector firms and a facilitating NGO, to improve social and community health outcomes in rural areas. We analyze key issues in the program with data from Northeast Thailand. We find that the TBIRD program appears to improve the income earning and other prospects of the TBIRD factory workers. Further, TBIRD factory employment exhibits a pro-poor bias. A key impact is to provide jobs for people who might otherwise be at increased risk of HIV infection through poverty-induced decisions to migrate to urban centres and participate in the commercial sex industry. This program adds another important tool for development planners in the fight against HIV/AIDS.

text: Harnessing the private sector for rural development, poverty alleviation and HIV/AIDS prevention In resource-constrained developing countries, mobilizing resources from outside sources may assist in overcoming many development challenges. This paper examines the Thai Business Initiative in Rural Development (TBIRD), an NGO-sponsored program that brings together the comparative advantages and self-interest of rural villages, private sector firms and a facilitating NGO, to improve social and community health outcomes in rural areas. We analyze key issues in the program with data from Northeast Thailand. We find that the TBIRD program appears to improve the income earning and other prospects of the TBIRD factory workers. Further, TBIRD factory employment exhibits a pro-poor bias. A key impact is to provide jobs for people who might otherwise be at increased risk of HIV infection through poverty-induced decisions to migrate to urban centres and participate in the commercial sex industry. This program adds another important tool for development planners in the fight against HIV/AIDS.

year: 2007-01

title: The general cognitive ability of Maori and European subjects: a comparative study of Queensland test performances and psychometric properties

authors: St George, Ross

abstract: Research was undertaken into the performances of New Zealand Maori and European children on the Queensland Test of Cognitive Abilities. In addition to studying the comparative performances of the two ethnic groups at six age levels, major psychometric properties of the instrument were investigated. Such data have an important bearing upon the issue of psychological equivalence across ethnic or culture group samples.
Seven hundred children (303 Maori and 397 European) aged between eight and a half and fourteen and a half years were tested with the Queensland Test. A small statistically significant ethnic group difference was found favouring the European children. Subsequent analyses indicated that the small difference was of little practical significance. Queensland Test subtest data were also analysed, This indicated that subtest performances were likely to be influenced by subject variables in a manner not necessarily evident in the overall test results. Gender differences in performance on the Pattern Matching Subtest were found and are consistent with other data. 
Queensland Test reliability, validity and item characteristics were researched for the two ethnic groups. 
To obtain test-retest reliability estimates and data on criterion related validity longitudinal studies were undertaken with four ethnically mixed class groups Standard 3 to Form 2). 
The Queensland Test was found to be equally reliable with both ethnic groups although the levels of reliability obtained were not considered entirely satisfactory. 
Validity data indicated that the same general intelligence construct could be employed in the interpretation of Queensland Test results with both European and Maori subjects. Content validity issues were considered and it was argued that in terms of both test content and measurement procedures the Queensland Test should provide an equally valid measure of general intelligence with both groups. 
The criterion related validity coefficients were of approximately the same order for each ethnic group although doubts were expressed about the adequacy of the criteria. Construct validity was investigated by considering the relationship of test performance to age and through factor analytic evidence. The analyses supported the view that the Queensland Test was primarily a measure of the same underlying construct within each ethnic group. In terms of prevailing psychological theories on human intelligence this construct was interpreted as being of a general intelligence nature.
Comparative data on item characteristics did not indicate any marked ethnic group differences. More apparent was the need to restructure particular subtests where items failed to discriminate adequately within both ethnic groups. It was concluded that the weight of evidence was in favour of the psychological equivalence of this ability measure with Maori and European children. 
Data for combined ethnic group samples have been reported, Pooled data were employed in some factor analyses and these supported a general intelligence interpretation of Queensland Test results. Preliminary norms were also derived from combined ethnic group data. 
Findings are discussed in relation to the concept of intelligence and its cross-cultural measurement, other Queensland Test research and recent cross-cultural studies on cognitive abilities in New Zealand.

text: The general cognitive ability of Maori and European subjects: a comparative study of Queensland test performances and psychometric properties Research was undertaken into the performances of New Zealand Maori and European children on the Queensland Test of Cognitive Abilities. In addition to studying the comparative performances of the two ethnic groups at six age levels, major psychometric properties of the instrument were investigated. Such data have an important bearing upon the issue of psychological equivalence across ethnic or culture group samples.
Seven hundred children (303 Maori and 397 European) aged between eight and a half and fourteen and a half years were tested with the Queensland Test. A small statistically significant ethnic group difference was found favouring the European children. Subsequent analyses indicated that the small difference was of little practical significance. Queensland Test subtest data were also analysed, This indicated that subtest performances were likely to be influenced by subject variables in a manner not necessarily evident in the overall test results. Gender differences in performance on the Pattern Matching Subtest were found and are consistent with other data. 
Queensland Test reliability, validity and item characteristics were researched for the two ethnic groups. 
To obtain test-retest reliability estimates and data on criterion related validity longitudinal studies were undertaken with four ethnically mixed class groups Standard 3 to Form 2). 
The Queensland Test was found to be equally reliable with both ethnic groups although the levels of reliability obtained were not considered entirely satisfactory. 
Validity data indicated that the same general intelligence construct could be employed in the interpretation of Queensland Test results with both European and Maori subjects. Content validity issues were considered and it was argued that in terms of both test content and measurement procedures the Queensland Test should provide an equally valid measure of general intelligence with both groups. 
The criterion related validity coefficients were of approximately the same order for each ethnic group although doubts were expressed about the adequacy of the criteria. Construct validity was investigated by considering the relationship of test performance to age and through factor analytic evidence. The analyses supported the view that the Queensland Test was primarily a measure of the same underlying construct within each ethnic group. In terms of prevailing psychological theories on human intelligence this construct was interpreted as being of a general intelligence nature.
Comparative data on item characteristics did not indicate any marked ethnic group differences. More apparent was the need to restructure particular subtests where items failed to discriminate adequately within both ethnic groups. It was concluded that the weight of evidence was in favour of the psychological equivalence of this ability measure with Maori and European children. 
Data for combined ethnic group samples have been reported, Pooled data were employed in some factor analyses and these supported a general intelligence interpretation of Queensland Test results. Preliminary norms were also derived from combined ethnic group data. 
Findings are discussed in relation to the concept of intelligence and its cross-cultural measurement, other Queensland Test research and recent cross-cultural studies on cognitive abilities in New Zealand.

year: 1977