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• Copyright (New Technologies) Amendment Act 2008

• 8 April 2008
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This discussion paper reviews the impact of digital technology on copyright law and discusses some of the key copyright issues that arise from the use of digital technology and the Internet. It also considers issues raised by relevant new international standards. Some approaches to address these issues, including, where appropriate, preliminary options for possible reform of the Copyright Act 1994 are discussed and provided for comment.

The paper is divided into five parts:

• Part One is an introduction to the review.
• Part Two sets out background matters, including a brief description of the Copyright Act 1994; a brief description of digital technology and its effects on owners and users; and the key issues that are considered in this paper.
• Part Three summarises the new international standards set out in the WIPO¹ Copyright Treaty 1996 ("WCT") and the WIPO Performances and Phonograms Treaty 1996 ("WPPT") that relate to the rights of copyright owners. Readers should note that those aspects of the WPPT that relate to the rights of performers of performances fixed in phonograms are discussed in a separate discussion paper: Performers' Rights: A Discussion Paper.² In this paper, these treaties are referred to collectively as the "WIPO Internet Treaties". New Zealand has not ratified or acceded to these treaties, neither of which are currently in force. Interested parties are invited to comment on the advantages and disadvantages of New Zealand implementing and acceding to these treaties. (The text of the WCT and the WPPT can be found at the WIPO website: http://www.wipo.org/index.html.en)
• Part Four discusses possible approaches and, where appropriate, potential legislative options in respect of the key issues identified in Part Two. In this section the current legislation is compared with the international standards provided by the WIPO Internet Treaties. Interested parties are invited to respond to a series of questions that follow each section.
• Part Five summarises the key issues and questions outlined in the paper.

Submissions in response to this discussion paper are invited from authors and other creators, performers, copyright owners, users of copyright works and members of the public. Submissions will be considered in the development of policy recommendations to the government on legislative reform and the possible accession by New Zealand to the WIPO Internet Treaties.

Submissions should be sent to:

Copyright (Digital Technology) Submissions
Attention: Mark Simpson
Competition and Enterprise Branch
Ministry of Economic Development
PO Box 1473
WELLINGTON

Emailed submissions are also welcome. They should be addressed to: mark.simpson@med.govt.nz

Submissions may be subject to disclosure under the Official Information Act 1982. Persons making submissions that include commercially or otherwise sensitive material that they wish the Ministry to withhold under the Act should clearly identify the relevant information and the applicable grounds under which the Ministry could withhold the information.

The closing date for submissions is Friday 12 October 2001.

¹ World Intellectual Property Organisation, an arm of the United Nations.

² Ministry of Economic Development, July 2001.