Net Benefit of the Proposal, Including the Total Regulatory Costs (Administrative, Compliance and Economic Costs) and Benefits (Including Non-Quantifiable Benefits) of the Proposal
Copyright Owners
10. Clear and transparent copyright law in the digital environment reduces the need for legal advice or time consuming, costly litigation. It also potentially reduces rates of piracy as a result of clear guidance as to what constitutes infringement. Increased certainty is created by New Zealand's law being more in line with our major trading partners.
11. There are increased incentives for investment in creative industries, ICT development and new business models for delivery of copyright works (such as on-demand services).
Users of Copyright Material
12. Clear and transparent copyright law in the digital environment reduces the need for legal advice or time consuming, costly litigation. Certainty in how the exceptions in the Act apply to digital works allows users (in particular, libraries and educational institutions) confidently to make use of digital technology. Where breach of copyright occurs, however, the clarity provided by the amended legislation may lead to an increased risk of liability for users of copyright works.
13. Increased certainty also encourages continued supply of copyright works and means of distribution (by Internet service providers, for example) within New Zealand and from overseas, setting conditions to encourage continued access to information and innovations necessary for cumulative innovation.
14. Where uncertainties in the application of the exceptions provided in the Act are clarified, it may be, for example, that some libraries and educational establishments will be prevented from making particular uses of copyright material without a licence from the copyright owner. This involves both financial and administrative costs. As libraries and educational institutions are already significant users of copyright licenses, many of these uses may already be covered by the licensing arrangements.
The Government
15. Substantive compliance with new international standards and practices also bringing New Zealand's copyright law more closely in line with its trading partners.
16. The suggested offence provisions may place small additional demands on already stretched police resources. It is possible, however, for copyright owners to bring private prosecutions.
Back to Top