Summary of Requested Information

The Ministry requests:

1. further information on whether (and, if so, how) a parallel-importing ban would prevent the importation of illegitimate or pirated music recordings;
2. any evidence on whether levels of imported pirated music have changed since the removal of the copyright parallel-importing ban in 1998.

The Ministry requests further information on:

1. whether (and, if so, how) parallel-importing bans would encourage local subsidiaries of international record companies to maintain or increase levels of production by local artists;
2. whether (and, if so, how) a parallel-importing ban would affect overseas promotion of local artists;
3. how local subsidiaries of the major record companies finance investment in local artists.

The Ministry requests:

1. further information on whether instances of parallel importation of copies of New Zealand titles printed for sale overseas have seriously affected the sales of New Zealand titles printed for sale in New Zealand and also the returns to New Zealand publishers and authors;
2. any evidence that the possibility of remaindered books being available for parallel importation into New Zealand has influenced publishers' decisions about selling the foreign-market rights of local books.

The Ministry requests further information on:

1. whether competition from parallel-imported foreign book titles, or the threat of this, has affected the decisions of publishers to publish New Zealand books;
2. how local subsidiaries of international publishing houses finance the publication of local authors.

The Ministry requests:

1. evidence of the effects, if any, that parallel-imported motion picture DVDs have had on cinema revenues;
2. evidence of whether (and, if so, how) a ban on the parallel importing of film products would:
   • guarantee the viability of provincial cinemas; and
   • encourage investment in, and overseas promotion, of New Zealand films;
3. information on the potential risks that parallel-imported DVD copies of new-release motion pictures pose for existing levels of investment in New Zealand films;
4. information on why copyright owners have not used the rental rights provided to them under the Copyright Act, to prevent the unauthorised rental of parallel-imported motion picture DVDs.

The Ministry requests:

1. further information on whether (and, if so, how) parallel-importing bans might prevent the importation of illegitimate copies of motion picture products;
2. any evidence on whether the volume of imported pirated motion picture products has increased since the removal of the copyright parallel-importing ban in 1998.

The Ministry requests:

1. further information on whether (and, if so, how) parallel-importing bans will prevent the importation of pirated or counterfeit copies of consumable software products;
2. information on the extent of domestic piracy in relation to software products;
3. any evidence that suggests that the volume of imported illegitimate software has changed since the removal of the copyright parallel-importing ban in 1998.

The Ministry requests:

1. further information on whether parallel-imported software products are free-riding on the marketing activities or services offered by authorised distributors;
2. information on the effects of any perceived free-riding.

The Ministry requests further information and evidence on what effects, if any, parallel-importing restrictions on creative-industries goods would be likely to have on consumers in terms of price, range and availability of titles covered by those restrictions.

The Ministry requests:

1. information on how the benefits identified by the NZIER in respect of parallel importing would be affected by parallel-importing restrictions on creative-industries products;
2. further information and quantified evidence on the effects of the 1998 removal of the ban on parallel importation of copyright goods.

The Ministry requests:

1. information on whether local distributors would be able to meet the needs of libraries if parallel-importing restrictions are introduced;
2. further information on and quantified evidence of the effects on libraries of the 1998 removal of the ban on parallel importation of copyright goods.

The Ministry requests further information on whether parallel-importing restrictions for creative-industries goods are likely to adversely affect the development of e-commerce in New Zealand.

The Ministry requests information on the impact that new technologies and changing consumer preferences (including Internet ordering, new methods of distribution, and new formats) will have on the effectiveness of parallel-importing bans.

The Ministry requests information on any potential implications that the removal of Australian parallel-importing restrictions (on music recordings, books and software products) would have for New Zealand, if New Zealand introduced parallel-importing restrictions of up to two years on those products.

The Ministry requests any further information on the status of parallel-importing bans on copyright goods in countries comparable to New Zealand - including experiences in those countries concerning the effectiveness or otherwise of bans in encouraging investment in and promotion of local creative industries.

The Ministry requests information and preliminary views on whether changes to the onus of proof in civil copyright-infringement cases will assist copyright holders in taking action against the commercial importation and sale of suspected infringing goods.

The Ministry requests information on what benefits or costs right holders perceive in lodging copyright and trade mark notices with the New Zealand Customs Service, and whether there are any impediments to their doing this.