Media and Advertising Copyright Board
[ Last Updated 7 November 2005 ]
Date Received: 2003-02-28
Original version: Digital Copyright: Position Paper Submissions: No. 54: Media and Advertising Copyright Board [84KB PDF]
Digital Technology and the Copyright Act 1994
Submission on Behalf of the Media and Advertising Copyright Board
Contents
Statement of Interest
The Media and Advertising Copyright Board was established in 2002 to attend to matters of common interest, primarily affecting the rights of copyright users.
Membership comprises the Association of New Zealand Advertisers, Communication Agencies Association, Magazine Publishers Association, Newspaper Publishers Association, Radio Broadcasters Association and the Television Broadcasters Council.
Our Response to the Discussion Paper
Several of our members have made detailed submissions of their own.
The Board wishes to underline and support the key issues raised in this submission as follows:
1. The Need for Technologically Neutral Language and Application of the Act
We fully support the proposal to modify, where necessary, language in the Act to ensure that established principles of copyright law remain in force, regardless of technology, particularly in relation to copying and transmission of copyright works.
2. Re-Transmission of Free to Air Broadcasts by Cable Operators
The right given to cable operators to re-transmit free to air broadcasts without permission or payment, is highly unjust, and is in conflict with the general principle of copyright law, to give protection to creators of copyright works.
We fully support the Ministry's proposal to delete Section 88, and recommend that this be done without delay, rather than waiting for similar moves in other countries.
3. Responsibilities of Internet Service Providers
In one important sense, the internet can be seen as a new advertising medium. In this regard, it competes for advertising revenue with other media such as radio and television, both of whom have to accept legal responsibility for their activities, including observance of copyright law.
Our position is therefore that in respect of their own sites, ISPs must observe the Copyright Act.
In the instance of hosted sites, we acknowledge the practical difficulties of enforcing liability across a vast range of material, much of it changing by the day.
We support sanctions against ISPs, where materials carried by them are in breach of the Copyright Act, and where this has been brought to their attention.
4. Circumvention of Protection Devices
Consistent with our earlier support for creators of copyright works, we also support sanctions against attempts to circumvent protection mechanisms, be they protection devices themselves or electronic identification methodologies.
5. Permitted Acts and Exceptions
We support inclusion of the following exceptions from the general provisions of the Copyright Act:
- Fair Dealing Fundamental to the functioning of all media, is unfettered access to copyright works for news reporting, criticism, review and research. This must be maintained, regardless of copying or transmission technologies.
- Transient and Ephemeral Copying As with fair dealing noted above, the ability of media to manipulate digital, and for that matter analogue data in the preparation of e.g. newscasts, current affairs programmes, music programmes, and the like is equally fundamental. We suggest that the definition raised as a possibility by the Ministry i.e. that an exception be granted for applications where there is "no independent economic value", is sensible. This would acknowledge that the manipulation of copyright works for later communication, will ultimately be protected by the Copyright Act and/or specific licensing agreements between users and creators, as happens at present. We are however, absolutely opposed to the possibility of double dipping by copyright owners, in this "subsidiary" copying process.
An exception is also needed for ephemeral copying in, for instance, retrieval of archives or other analogue materials for conversion to digital formats for production or storage. We also seek removal of the requirement for destruction of ephemeral copies after 6 months. - Time Shifting We support the proposal for personal copying of broadcast materials for time shifting purposes.
Dated this 28th day of February 2003
Jim Thompson
Chairman
Media and Advertising Copyright Board
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