| 词条 | Copyright (New Technologies) Amendment Act 2008 |
| 释义 |
| short_title = Copyright (New Technologies) Amendment Act 2008 | legislature = New Zealand Parliament | image = Coat of arms of New Zealand.svg | imagesize = 180px | long_title = | introduced_by = | administered_by = | datepassed = | royal_assent = 11 April 2008 | date_commenced = | amendments = | related = Copyright Act 1994 | repeals = | status = Current }} 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.[1] BackgroundIn 2001,[2] 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. DetailsThe Act makes many changes, some of which include:
Section 92ASections 92A in particular drew widespread opposition, including the online New Zealand Internet Blackout campaign. The Section 92A proposal was being led by Judith Tizard. Implementation and delaysMost 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.[1] 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.[3] Sections 48 and 85 (which deal with public playing of communication works) do not yet have a date set when they will take effect.[1] 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.[4] ReceptionThe Recording Industry Association of New Zealand (RIANZ), certain members of the Australasian Performing Right Association, and SKY Network Television support the Act.[5][8] 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".[6] 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,[7] technology specialists,[8] ISPs,[9] businesses,[10] media commentators,[11] librarians[12] and members of the public.[13] The nature of the law changes and the campaign against them has attracted attention internationally.[14] Critics of the Act say that disconnecting an Internet connection - which Tizard has said is a basic human right - is a disproportionate penalty for a civil infringement. ISPs said that, if the law came into effect on 28 February 2009, they would have to cut off access and take down web pages on the basis of accusation of copyright infringement, rather than face legal action from rights-holder organisations. On 23 February 2009, the Prime Minister (John Key) announced that the law's entering into force would be delayed till 27 March 2009 to allow for a code of practice to be negotiated; and that, should the negotiations fail, the law would be 'suspended' (remain out of force indefinitely). He also stated that the stronger copyright laws, including the controversial section 92a, were required for New Zealand to be able to negotiate a free trade agreement with America.[3] In March 2009, TelstraClear announced its withdrawal from a proposed Code of Practice for internet providers, effectively side-lining Section 92A.[15] Google has also signalled its opposition to Section 92A, warning that the amendment would 'undermine the "incredible social and economic benefits" of the internet and was disproportionate to the problem it aimed to address.'[16] In response to the feedback received, on Monday 22 March, Prime Minister John Key announced that the Government would throw out the controversial section, and that Justice minister Simon Power would initiate a rewrite. See also
References1. ^1 2 {{cite web|url=http://www.legislation.govt.nz/act/public/2008/0027/latest/whole.html#DLM1122643|title=Copyright (New Technologies) Amendment Act 2008 No 27 (as at 31 October 2008), Public Act - New Zealand Legislation}} 2. ^{{cite web|url=http://www.med.govt.nz/templates/MultipageDocumentTOC____991.aspx|title=Digital Technology and the Copyright Act 1994: A Discussion Paper|last=|first=|date=July 2001|website=|publisher=MED|archive-url=https://web.archive.org/web/20100926212114/http://www.med.govt.nz/templates/MultipageDocumentTOC____991.aspx|archive-date=26 September 2010|dead-url=|access-date=}} 3. ^1 {{cite news|url=http://www.stuff.co.nz/stuff/4858146a28.html|title=Key: We still need a new internet copyright law|publisher=NZPA|date=24 February 2009}} 4. ^{{cite news|url=http://www.scoop.co.nz/stories/HL0903/S00273.htm|title=PM's Presser : Copyright to remain silent|publisher=Scoop|date=23 March 2009}} 5. ^http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/comment-page-2/#comment-523640 6. ^http://creativefreedom.org.nz/ 7. ^{{cite web|url=http://creativefreedom.org.nz/s92.html|title=Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation|publisher=Creative Freedom NZ}} 8. ^{{cite web|url=http://coffee.geek.nz/saygoodbyetofreedomontheinternetwasnicewhileitlasted|title=Say good bye to freedom on the internet - was nice while it lasted|date=12 November 2008|author=Brenda Wallace}} 9. ^{{cite web|url=http://www.nbr.co.nz/article/isps-new-copyright-law-puts-business-gun-scrap-it-39710|title=ISPs: New copyright law puts business in the gun; scrap it|date=21 January 2009|author=Chris Keall}} 10. ^{{cite web|url=http://creativefreedom.org.nz/story.html?id=78|title=Guilt Upon Accusation: New Zealand Businesses|publisher=Creative Freedom NZ|deadurl=yes|archiveurl=https://web.archive.org/web/20110724200254/http://creativefreedom.org.nz/story.html?id=78|archivedate=24 July 2011|df=dmy-all}} 11. ^{{cite web|url=http://it.gen.nz/2008/10/07/ministers-why-we-changed-the-copyright-act/|title=Ministers: why we changed the Copyright Act|author=Colin Jackson|date=7 October 2008}} 12. ^{{cite web|url=http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE|title=Now librarians come out against copyright law|date=20 January 2009|publisher=Computerworld}} 13. ^{{cite web|url=http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551701|title=Is the new copyright law a lose-lose proposition?|publisher=New Zealand Herald|author=Pat Pilcher|date=13 January 2009}} 14. ^{{cite web|url=http://www.computerworld.com/action/article.do?command=viewarticlebasic&articleid=9128330/|title=New Zealand gets insane copyright law|publisher=ComputerWorld|date=20 February 2009|author=Mark Gibbs}} 15. ^{{cite web |url=http://www.nzherald.co.nz/connect/news/article.cfm?c_id=1501833&objectid=10561215 |title=TelstraClear snubs internet law agreement |author=Drinnan, John |date=12 March 2009 |work=The New Zealand Herald |accessdate=26 September 2011}} 16. ^1 {{cite web |url=http://www.stuff.co.nz/technology/2264137/Google-opposes-new-copyright-law |title=Google opposes new copyright law |author=Pullar-Strecker, Tom |date=16 March 2009 |work=The Dominion Post |accessdate=26 September 2011}} External links
3 : New Zealand copyright law|New Zealand Statutes|2008 in New Zealand law |
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