Background
10. The Government is in the process of reviewing and updating aspects of New Zealand's intellectual property regime. As part of this process, Cabinet agreed in July 2001 that aspects of the Act be reviewed to ensure that the Act takes account of the impacts of new technology and international developments in copyright and associated performers' rights protection [FIN Min (01) 13/6 refers].
11. It was considered timely to review the Act in the context of international developments, in particular as a precursor to consideration of New Zealand's possible accession to two treaties negotiated by the members of the World Intellectual Property Organisation ("WIPO"). These are the WIPO Copyright Treaty ("WCT") and the WIPO Performers and Phonograms Treaty ("WPPT"). The review also contributes to the government's Growth and Innovation Strategy, including creative industry and ICT (information and communication technology) development.
12. Submissions were sought and received on two discussion documents prepared by the Ministry of Economic Development ("the Ministry") (Digital Technology and the Copyright Act 1994 and Performers Rights). The outcomes of these submission processes were reported to the Cabinet Economic Development Committee in November 2002, along with a proposal to undertake a further round of public consultation on a position paper, Digital Technology and the Copyright Act 1994 ("the Position Paper") [EDC (02) 73 refers].
13. I undertook to report on the outcome of submissions in response to the Position Paper and on any proposed legislative change to the copyright and performers' rights regimes, by early 2003 [EDC Min (02) 7/17 refers]. This paper meets the requirement to report back on digital copyright issues only. An extension is sought on the performers rights report back (which is a less complicated review) until 31 August 2003 to enable input from Māori performers, only recently forthcoming, and to accommodate a reallocation of resources to other priority work areas.
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