Adams Paul: Copyright (Parallel Importation of Films and Onus of Proof) Amendment Bill — Second Reading Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Third Reading 
Adams Paul: Copyright (Parallel Importation of Films and Onus of Proof) Amendment Bill — Second Reading Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Third Reading 
[Volume:612;Page:9405] 
PAUL ADAMS (United Future) 
: 
 I would like to pick up on a point that Deborah Coddington made. She said that I am not an intellectual. She is right; I am not an intellectual and many times I am thankful for that. But what I do recognise are things that are common sense as I am used to working as they say where the rubber hits the road and people actually have to get out there and do something to make a dollar. That is where I come from and that is why United Future will still be supporting this legislation. 
As for the Hon Tony Ryall he could not even interpret United Future’s position on one bill and he maintains that people should be able to sell things that they have stolen from somebody who legitimately made it at a cheaper price for the benefit of consumers. I say to Mr Ryall that if I steal a car I can sell it obviously cheaper than can the person who may have owned it legitimately. So I do not think that that argument cuts much ground at all. But under this bill the importer must know or reasonably ought to have known that the goods are pirated copies. This is what we are dealing with. This is a vast improvement because under the current law copyright owners find it difficult to prove knowledge. It is open to importers to argue that they did not know or have reason to believe that the goods were pirated. Under this bill the copyright owner will have to prove only that the importer knows or reasonably ought to have known that the goods were pirated. This is fair and of use to both importers and copyright owners. 
Let us look at the issue of film distribution which has been much spoken of in the course of conversations. This bill affords relief to those organisations involved in film distribution. By introducing a ban on parallel importation of videos and DVDs for a period of 9 months from the date of international cinema release this bill addresses the concerns of film distributors—the ones that have put all the money into making the films etc. and who are concerned about the protection of their rights to control the intervals between video and television releases of films. It is giving protection to the people who have put all the money time and effort into producing something to be able to globally control the release of their product and as we move into a global economy I think that this makes sense. 
The scope of this bill has clear parameters. It does not prohibit importation for a person’s private or domestic use. Private individuals can rest assured that if they want to import a copy of a film for their own use ahead of the New Zealand cinematic release they are free to do so. This bill has already had a noticeable effect on New Zealand’s good name in the international community. United Future is very interested in New Zealand having a good name in the international community. Partly as a result of the introduction of this bill into the House last December the US trade representative has recently removed New Zealand’s name from the Special 301 Watch List. This watch list is a register of countries that trade representatives have concerns about regarding the effect of the parallel importing ban on US citizens’ intellectual property rights protection. 
Before New Zealand was taken off this dubious list we were tagged with the likes of Bolivia and other countries hardly known for protecting intellectual property rights. Now with the help of this bill New Zealand’s international reputation as a protector of the intellectual property rights of our citizens and those of our trading partner is demonstrably healthier. 
This bill is many things to many people. Importers and rights owners benefit from its passing. This bill goes some way to affirm our country’s intent and international standing with regard to the protection of intellectual property. Our trading partners are assured of our statutory obligations to outlaw abuses and infringements to intellectual property in the film industry. United Future stands proudly as a common-sense party in support of this legislation.