Robust copyright system important for NZ music

The government is committed to maintaining a robust copyright system and to continuing its support for the outstanding achievements of New Zealand’s music industry, Associate Commerce Minister Judith Tizard said today.

In recent media coverage of a Wellington copyright infringement case, members of the music industry raised the issue of the government’s proposal for an exception in the Copyright Act 1994 for “format shifting” of sound recordings.

The present law makes all copying illegal, such as downloading a CD to a home computer or iPod, or ‘burning’ a copy of an album for the album owner’s personal use.

“The proposed exception to which Cabinet has agreed is very narrow in scope. It allows the legitimate owner of a sound recording to make only one copy in any given format for his or her own personal and domestic use,” said Judith Tizard.

“The situation where a man walked into Wellington Public Library and allegedly began downloading CDs onto his laptop would definitely not be legal under the proposed exception.

“This sort of illegal activity is totally intolerable. It will be explicitly stated that the exception doesn’t apply to borrowed or hired sound recordings. That caveat was applied specifically to exclude this sort of behaviour. I congratulate the library staff for their quick actions.”

The proposed amendment followed extensive public consultation and debate on how digital technology impacts on copyright law. The Cabinet Paper outlining these recommendations has been available online online since June last year.

“In line with our international obligations, New Zealand’s copyright regime provides copyright owners in all fields, whether it be music, film, art, literature or software development, with a broad range of rights to protect their work. Our artists and creators are entitled to benefit from their hard work, and the Copyright Act 1994 is designed to ensure that they can do so,” said Judith Tizard.

She emphasised that the proposed exception would in no way legitimise clearly unacceptable activity, like piracy, copying music for others and downloading music from unauthorised websites.

Both Economic Development Minister Jim Anderton and Judith Tizard have met with members of the music industry over the format-shifting proposal.

“We are fully aware of their concerns. It is a complex issue because technology is often moving faster than the industry or legislation can keep up with. Consumers are being offered new ways of enjoying music all the time, and the music industry is still exploring methods of charging for music downloads for use with new technology. The present law was developed before much of the technology that is available to music-listeners today.

“We have taken the time to consult widely and I continue to encourage informed debate. We want the best solution possible for the music industry, musicians and consumers. There would also be a further opportunity for formal consultation when the amending legislation is considered by Select Committee.”

Judith Tizard added that while piracy is a problem for the music industry worldwide, levels of piracy of sound recordings in New Zealand are low by global standards, at less than ten percent of units (see the International Federation of the Phonographic Industry's Music Piracy Reports for 2000 to 2003). These rates are comparable to New Zealand's major trading partners such as the US, Australia, Japan and the UK.

Judith Tizard’s previous media statement on the proposed amendments to the Copyright Act 1994 can be found here.