Gallagher Martin: Copyright (New Technologies) Amendment Bill — In Committee 
Gallagher Martin: Copyright (New Technologies) Amendment Bill — In Committee 
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MARTIN GALLAGHER (Labour—Hamilton West) 
: 
 I realise that the evening is moving on but I want to briefly compliment the Minister Judith Tizard on a very good and appropriate contribution. I pick up the point Dr Coleman made about the notion of Internet television which presumably comes via an Internet service provider. I note that Supplementary Order Paper 193 “clarifies that an Internet service provider who knows or has reason to believe that material posted on the ISP’s website infringes copyright is liable if the ISP does not delete or prevent access to the material as soon as possible after becoming aware of it. A factor in determining whether an Internet service provider knows or has reason to believe that material infringes copyright is whether the Internet service provider has received an infringement notice …” etc. etc. 
Obviously what speakers have alluded to and I certainly do is that any legislation will try to accurately forecast the current situation and what is ahead of us. I think of the days dare I say it when vinyl records were replaced by CDs. We now have DVDs. I have one little complaint in terms of DVD manufacturers and that concerns the zones they have. The other day my mother bought a DVD in good faith to send to her sister in Britain—I think it was about Warbirds over Wanaka. She could not play the DVD because it had a different zone. So we get into this whole issue. How is that different from buying a book providing one buys a book in a bookshop in New Zealand whereby we are paying as part of that retail price the price of the copyright the intellectual property right of that book and then we send it as a gift? In the end I guess manufacturers will determine that. Now there are “world mode” DVD players. The issue frankly is that we do not really have the right to go down to the market and buy a pirated DVD that has been copied in a backyard shed then post it over and we all go home in terms of trade and in terms of selling that intellectual property right—that creativity if you like. 
In terms of Internet television under this Government we have seen the fantastic development of TV6 and TV7 which have been included on the FreeView platform. They are two extensions that have been rolled out that are growing public television. In addition to Television One TV2 TV6 and TV7 if I could just talk about the Television New Zealand stable increasingly important in terms of its product is of course that Internet connection whereby one goes on to the TVNZ website. There are a lot of—what are those downloadable things— 
Hon Judith Tizard 
: Podcasts. 
MARTIN GALLAGHER 
: That is it; thank you—what a good Minister! Through a podcast we can watch a particular programme such as  
Agenda— 
I saw the wonderful Helen Clark on that programme the other day—or we can go on the Hillary Clinton website overseas. The issue around that is that this legislation is part of the international context of intellectual property rights in terms of international agreements to make sure that the intellectual property right of each of those broadcasts is protected. 
What that means for example is that Television New Zealand through say an Internet service provider cannot just pirate some programme from overseas unless it has actually purchased the rights to that programme. The Internet is now another form of broadcast of Television New Zealand to use that as an example. 
I strongly commend what I think is a very good and appropriate Supplementary Order Paper and I thank the officials most sincerely for their work. This is a constantly moving target and we do our best at this point. It is not to say that 2 or 3 years out we are not going to have to revisit this bill. That is the nature of the area we are working in at the moment.