Tizard Judith: Copyright (New Technologies and  Performers' Rights) Amendment Bill — First Reading 
Tizard Judith: Copyright (New Technologies and  Performers' Rights) Amendment Bill — First Reading 
[Volume:636;Page:7187] 
Hon JUDITH TIZARD (Associate Minister of Commerce) 
: 
 I will take up where I left off last Thursday on this bill that amends the Copyright Act 1994. I was coming to the matter of technological protection measures that offer a means to combat the ease of unauthorised reproduction and distribution of digital technology. There are however concerns about digital lock-up. Copyright owners may use technical locks not only to stop their copyright material from being copied but also to stop it from being accessed and can therefore potentially prevent copyright users from making legitimate uses of the material for example under the fair dealing provisions of the Act. Currently the Act allows copyright owners to take action against people who supply or manufacture devices means or information specifically designed to circumvent measures that prevent copyright material from being copied and are intended to be used to make infringing copies. The bill extends this right by allowing copyright owners to take action where circumvention could enable infringement of all exclusive rights not just copying. For example the copyright owner will be able to take action in regard to devices where circumvention would enable infringement of his or her communication right. The act of circumventing the technological protection measure is not in itself prohibited. 
The offence provision introduced in the bill for the commercial dealing in circumvention devices means and information is intended as an additional deterrent to such activity. New provisions are also introduced to enable the actual exercise of permitted acts where technological protection measures have been applied. 
The bill introduces protections for copyright management information that identify content protected by copyright in the terms and conditions of use. Criminal penalties are also introduced for large-scale dealing in copyright material where the dealer knows that electronic rights management information has been removed or altered. The permitted acts or exceptions to the exclusive rights of copyright owners contained in the Act provide an important balance between protection of copyright and access for users. The bill clarifies and amends the exceptions to copyright owners’ exclusive rights particularly in relation to fair dealing library archival and educational use and time shifting. It also introduces new exceptions for format shifting of sound recordings for private and domestic use and for decompilation and error correction of software. 
Format shifting is a term used to describe the practice of copying the sound recording from one format to another for example from a CD to a portable MP3 player. Today the popularity of MP3 players iPods and other portable digital music players means that people want to transfer music which they have legitimately bought on to these devices to take advantage of the new technology or to enjoy music in different places. Yet despite the fact that this activity is common practice it is an infringement under the Copyright Act—a fact that most music lovers do not know. This makes otherwise law-abiding New Zealanders into unintentional lawbreakers. The bill amends this situation to reflect both fairness and reality. The exception does not legitimise clearly damaging behaviour like copying CDs for friends or selling them or authorising online file sharing of music. 
The Copyright Act also provides a range of rights to performers enabling them to exercise control over the recording of their performances and the distribution of those recordings. This practice of making illegal copies known as bootlegging can have a major impact on the ability of performers to obtain a fair return for their efforts. In keeping with the changes to the main copyright provisions in the Act the bill will update the technology-specific language currently used and will introduce a communication right for performers. 
Copyright legislation is a key aspect of New Zealand’s intellectual property rights framework. Copyright continues to be relevant in the digital age and is an important tool for digital content delivery and use commercially and non-commercially. This bill promotes a modern legal framework that guides the protection and use of copyright materials. The bill will provide more clarity and transparency for how the Copyright Act applies in the digital environment. In particular it will enhance the certainty about how exceptions in the Act apply to digital works and will allow users of copyright material for example libraries and educational institutions to make use of digital technology with confidence. 
 The bill will increase incentives for investment in creative industries information and communication technology development and new business models for the delivery of copyright works. Increased certainty will further be created by New Zealand’s law being more in line with that of our major trading partners. Increased certainty is also encouraging the continued supply of copyright works and means of distribution such as by Internet service providers within New Zealand and from overseas setting the conditions to encourage continued access to information and the innovations necessary for cumulative innovation. 
I have indicated that at the appropriate time I will move that this bill be referred to the Commerce Committee for consideration and I thank all of the officials who have been involved in the detailed negotiations that have resulted in this legislation.