Donnelly Brian: Copyright (New Technologies and  Performers' Rights) Amendment Bill — First Reading 
Donnelly Brian: Copyright (New Technologies and  Performers' Rights) Amendment Bill — First Reading 
[Volume:636;Page:7191] 
Hon BRIAN DONNELLY (NZ First) 
: 
 I first became aware of some of the difficulties created by the new technologies with regard to copyright rules during hearings by the Education and Science Committee way back in 2002 into the National Library legislation. The representatives of news agencies expressed concerns about the required legal deposit of all published material with the National Library. The problem arose from the reality that many news agencies contracted with international news agencies such as Reuters. This created the conundrum that if there was a legal requirement for such material to be deposited rivals could piggyback off the agency that made the initial deposit. Moreover the material was being updated on a regular basis. At that time I can well remember it was pointed out that policy work was already under way on copyright legislation to accommodate the new technology. So the Copyright (New Technologies and Performers’ Rights) Amendment Bill here today has had a long genesis. 
Computers were supposed to make our lives easier. Yeah right! But they are a reality and that reality demands some additions to existing copyright rules. For a knowledge economy to flourish there must be robust protections for intellectual property and for other people’s creations. As pointed out in the opening anecdote new technologies have created new challenges in establishing legal protections. 
The approach that has been taken in this bill is to reflect the basic principles of hard copy copyright—in other words existing copyright rules and principles—and to apply those principles to the issues facing the new technologies. In other words the bill has tried to apply practical pragmatic common-sense solutions to the challenges. 
Under the present law it is almost certainly illegal to copy music on to an iPod or an MP3 player yet hundreds of thousands of New Zealand citizens do it completely unaware that they are probably breaking the law. This new legislation will allow someone who has legally purchased a CD to transfer that music to an iPod or an MP3 player for personal use. For example the car that I normally drive has a CD player. But I also own a little Toyota Town Ace which is like a motorised trailer. I use it to go into town to get supplies of builders’ mix metal and things like that. The Town Ace has only tape facilities. Under the present law I cannot tape a CD and play the tape in my Town Ace; this new bill would allow me to do that. What I will not be able to do is to make a copy of the CD and give it away to somebody else. Certainly the bill confirms the illegality of the sale of such copies. 
There is some resistance from the music industry to this format shifting because it encourages copying. However if my Town Ace had a CD player I could play the CD on it. I have purchased the CD legally and therefore it seems sensible that I should be able to put it into a different format for my own personal use. 
Hon Rick Barker 
: Change your car! 
Hon BRIAN DONNELLY 
: I say to Mr Barker that I cannot afford to change my car; I am not on a Minister’s salary. To us in New Zealand First this legislation seems to be a very common-sense practical resolution of the issue. 
The bill changes the definition of “copying” in the Act to accommodate the nature of digital works. It also provides an exception to the reproduction right for transient copying through automatic processes of communication networks. When we think about it the absence of such a provision could potentially bring Internet networks to a halt. The bill specifically prohibits the manufacture or supply of devices that could be used to breach this copyright—namely devices designed to circumvent technological protection measures. 
I am pleased that the bill lays out what is acceptable for libraries and education institutions. Development of photocopiers in the 1970s and 1980s led to widespread breaches of copyright. In fact schools were not even aware that they were in breach of copyright on many occasions. Admittedly in the 1990s that situation was tightened up but the new technologies as I said have created new challenges for schools. The anecdote from Chris Finlayson about the Library of Congress allowing certain sections of CDs or DVDs to be used for educational purposes shows the way forward. 
I well remember Mark Peck saying with regard to the GE moratorium legislation: “The commercial sector isn’t very happy and the Greens aren’t very happy so we’ve probably got it just about right.” With this legislation neither the creators of the materials—musicians etc.—nor consumers will be entirely happy which means it is probably just about right. New Zealand First will be supporting this bill as it seems to be a common-sense response to the special challenges that the new technologies bring with them.