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• 2. Communication to the Public

• Intellectual Property Policy

• Copyright

• Copyright (New Technologies) Amendment Act 2008

• Submissions Received

• 2.1 Scope of Communication Right
• 2.2 Webcasts as Works
• 2.3 Cable Retransmission of Free-to-Air Broadcasts

2.1 Scope of Communication Right

Submission: The Committee:

1. agrees that the technology-specific communication right contained in the Copyright Act 1994 (Act) should be replaced with a technology-neutral communication right; and
2. endorses the Ministry's proposed response on this issue as set out in paragraph 61, being to establish a technology-neutral right of communication to the public that would cover both transmission and the making available of works.

2.2 Webcasts as Works

Submission: The Committee agrees with the Ministry's preference to provide for a technology-neutral category of "communication works" that would include webcasting.

In terms of the scope of the communication works category, the Committee's view is that all transmissions should be treated in the first instance as copyright works. While there may be a future rationale to limit the scope of this category, it is recommended that this be done by way of future exception if required.

2.3 Cable Retransmission of Free-to-Air Broadcasts

Submission: The Committee's view is that where possible, the Act should be consistent with the WIPO Internet Treaties. WIPO is currently developing new international standards concerning copyright in relation to broadcasting and related transmission issues. It is submitted that section 88 of the Act should be reviewed following the completion of these standards.