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(Links to Strategy 2: Advocacy and Public Policy)

Sponsor: David Farrar

Staff Support: Jordan Carter

Status: Active Smiley_Indifferent   


InternetNZ's involvement with copyright issues was focused around development of a robust submission on the Copyright (New Technologies and Performers' Rights) Amendment Bill, lodged with Parliament in 2007.

The bill, with substantial variation, was passed with a new name in April 2008. In setting up a new set of safe-harbour provisions for ISPs, it (through last minute amendments) included an unworkable disconnection regime for ISPs to grapple with.

InternetNZ has been attempting since the Act was passed to work in good faith with representatives of rightsholders, ISPs and the government to try to solve the problems this rushed legislation has created.

Work is ongoing, in the context of InternetNZ's solid commitment to the importance of copyright, and the importance of copyright being workable in the very different context created by the Internet.

Budget: $40,000 in 2009/10.

Overall Progress Summary:

In July the MED released the results of its policy work on how to replace section 92A. It was a significant improvement on the status quo, but still allowed for the possibility of termination. InternetNZ will propose in its August submission a clean notice and notice system rather than the higher cost model the Government has proposed.

Work continues in developing a stakeholder event or conference for later in the year to deal with these issues in a broader framework - i.e. what should copyright law be based on in the Internet era.


Activities Planned for August 2009:

  • Finalise and lodge submission on replacement to 92A
  • Ongoing media work and lobbying


July 2009:

  • Analysis of Government proposal for replacement of section 92A.
  • Preparation of Submission to MED
  • Ongoing media work

June 2009:

  • Background research and writing of an InternetNZ forward looking proposal for what should replace 92A.
  • Preparatory work for Copyright event later in the year.

March-May 2009:

  • s. 92A put on permanent hold pending re-write of the law by parliament
  • TCF code put on hold
  • Submission lodged on TCF code
  • Attended Labour Party meeting on s 92A and broader copyright issues

February 2009

  • Worked in the TCF on the draft Copyright Code.
  • Attended TCF consultation meetings on the draft Code.
  • Supported #blackout which helped persuade government to defer commencement of 92A.
  • Made extensive media comments on the issue.

January 2009

  • InternetNZ responded to significant media coverage of Section 92A, reiterating its position. Continued to participate in the TCF Copyright Working Group preparing draft ISP Copyright Code.

December 2008

  • Participated in the TCF Copyright Working Group preparing the ISP Copyright Code for public consultation in January/February.
  • Met with Ministers as part of briefings to incoming Government, outlining Copyright position of seeking delay to implementation of Section 92A.

November 2008

  • Participated in the TCF Copyright Working Group preparing the ISP Copyright Code, which in its first iteration is focused on Section 92A requirements for a policy of termination of Internet accounts of repeat infringers.
  • Sought meetings with Ministers as part of briefings to incoming Government, after developing a policy position of seeking a delay to the implementation of Section 92A.

October 2008:

  • Participated in establishment of TCF Working Group to develop a code of practice for ISPs to use in implementing the Act's new requirements.

September 2008:

  • Project established formally.
  • Continuing discussions with parties to achieve a compromise.
  • Discussed situation with Telecommunications Carriers' Forum.
  • Continued developing InternetNZ's position on copyright issues, with a discussion at the Public Policy Committee meeting. General position is strong support of the principles of copyright, while needing to ensure it reflects the realities of the modern ICT environment.
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