Radio New Zealand
[ Last Updated 7 November 2005 ]
Date Received: 2003-03-03
Original version: Digital Copyright: Position Paper Submissions: No. 55: Radio New Zealand [52KB PDF]
Digital Technology and the Copyright Act 1994 - Radio New Zealand's Response to the December 2002 Ministry of Economic Development's Position Paper.
Radio New Zealand is supportive of the position taken by the Ministry in the above paper but wishes to submit the following comments on specific items:
Contents
Cable Re-Transmission of Free to Air Broadcasts
Radio New Zealand strongly supports the intention of the Ministry to repeal section 88 of the existing Act. While it refers in general to television content of cable broadcasts, Radio New Zealand has already been the victim of unfettered copying of our broadcast in a cable environment and believes there is no compelling reason for our rights to be usurped in this environment.
Format Shifting
Radio New Zealand notes the argument that because personal copying is a widespread activity it should be become a permitted activity. We comment that individuals are not always aware what "personal use" actually means, what the limits of such a right might be, and that the removal of such a protection would undermine our existing Replay Radio re-selling activity which serves in a limited economic way to recognise the copyright which RNZ holds in certain material. Finally Radio New Zealand notes the spurious nature of "because everyone engages in the activity" argument, e.g. it is widely adopted practice to drive at 60kph in a 50kph area, however the government is not easily persuaded to revise the speed limit to accord with general practice.
Ephemeral Copies
Radio New Zealand's original submission delivered on our behalf by Buddle Findlay noted that the onset of a digital environment was causing operational difficulties for broadcasters in particular circumstances. Radio New Zealand sought the ability to make permanent copies to transfer material from an analogue format to a digital environment. The test for allowing such copying should be to determine what additional economic benefit is derived from such an activity. As there is no additional economic benefit, no such restriction should be placed on this form of copying activity as would be the case prior to broadcast.
The need to obtain a licence to undertake such copying becomes a hindrance of access especially to archival material which is of legitimate interest to listening audiences.
WIPO Internet Treaties
Radio New Zealand repeats its position that the issue of reciprocity with regard to the gathering of royalties from broadcasters should be addressed before acceding to any further international treaties.
The existing situation is that all broadcasters in New Zealand pay, in effect to foreign owned record manufacturers, millions of dollars of royalties annually. Such reciprocity does not exist for the collection of payments from other countries, notably the United States of America in which most recording companies are domiciled. Because New Zealand based record companies do not receive royalty payments for use of their material by United States broadcasters, the net effect is an economic harm to New Zealand to the tune of millions of dollars annually. This comes about because unlike New Zealand, a number of States including the United States of America chose, as was their right, not to adopt that part of the Rome Convention.
It is Radio New Zealand's submission that the continuance of this form of economic harm to New Zealand should be a cause of concern to the New Zealand Government and should not be perpetuated by acceding to further international agreements and as well it should be rectified by making an allowable reservation in current agreements and by amending domestic legislation.
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