Background

Summary of Submissions Received on the Digital Technology Discussion Paper

Intellectual Property Policy Team

[ Last Updated 20 October 2005 ]

2. The purpose of this limited review of the Copyright Act 1994 ("the Act") is in part to assess the applicability, adequacy and operation of the Act in the face of technological change and the development and adoption of new technologies (for example, the Internet). A particular focus of the review is to determine whether the Act adequately maintains the balance between the interests of copyright owners/creators and users, and the public at large, in the digital age.

3. It was also considered timely to review the Act in the context of international developments, in particular as a precursor to considering New Zealand's possible accession to two new treaties negotiated by the World Intellectual Property Organisation ("WIPO") - the WIPO Copyright Treaty ("WCT") and the WIPO Performers and Phonograms Treaty ("WPPT"), collectively known as the "WIPO Internet Treaties".

4. Cabinet approved the release of the discussion paper in July 2001. The paper considered some of the key copyright issues relating to the impact of digital technologies and explored some possible options for addressing a number of issues. These issues include:

reproduction rights (the scope of copyright owners' ability to restrict copying under copyright law);
communication of copyright works to the public;
liability of Internet Service Providers ("ISPs") for copyright infringement;
the protection of technological protection measures ("TPMs") and electronic rights management information ("ERMI") under copyright law;
the legal protection of electronic databases; and
permitted uses and exceptions to copyright infringement in the digital environment.