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Copyright (New Technologies) Amendment Act 2008

Copyright (New Technologies) Amendment Act 2008
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New Zealand Parliament
Date of Royal Assent 11 April 2008
Related legislation
Copyright Act 1994
Status: Current legislation

The Copyright (New Technologies) Amendment Act 2008 was an act passed by the New Zealand Parliament amending the Copyright Act 1994. It received Royal Assent on 11 April 2008.

In 2001, the Ministry of Economic Development initiated a major review of copyright law, in light of new technologies, such as media in digital form and communications via the internet.

The Act makes many changes, some of which include:

Sections 92A in particular drew widespread opposition, including the online New Zealand Internet Blackout campaign. The Section 92A proposal was being led by Judith Tizard.

Most of the Act took effect on 31 October 2008, but section 19(2) (which deals with importing films) took effect earlier on 12 April 2008.

In response to the New Zealand Internet Blackout the controversial new section 92A of the Copyright Act (inserted by section 53) has been delayed until 27 March 2009. Sections 48 and 85 (which deal with public playing of communication works) do not yet have a date set when they will take effect.

In response to the pullout by TelstraClear from the proposed Code of Practice for ISPs, and citing "fundamental flaws" in section 92A, the Government has shelved the section, and will be redrafting the law.

The Recording Industry Association of New Zealand (RIANZ), certain members of the Australasian Performing Right Association, and SKY Network Television support the Act.

In December 2008, the Creative Freedom Foundation started a campaign (named the New Zealand Internet Blackout) criticizing changes to Section 92 included in the Act. The group claims these will introduce "guilt upon accusation".

Several other organisations added their disapproval to the record, including the New Zealand Open Source Society, InternetNZ, the New Zealand Computer Society, the Telecommunications User Association of New Zealand, and the Library and Information Association of New Zealand Aotearoa. The Act was opposed by New Zealand artists, technology specialists,ISPs, businesses, media commentators, librarians and members of the public. The nature of the law changes and the campaign against them has attracted attention internationally.


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