New Zealand Legislation: Supplementary Order Papers

Explanatory note

This Supplementary Order Paper amends the Copyright (New Technologies) Amendment Bill as reported from the Commerce Committee. Specifically, it does the following things:

• it amends the commencement provision so that clause 18(2) comes into force on the day after the date on which the Act receives the Royal assent:

• it makes some minor adjustments to definitions contained in new section 3:

• it replaces clause 18(2) of the Bill, which amends section 35 of the Copyright Act 1994. Section 35(3) (and, consequentially, section 35(4)) expired on 2 January 2000. This amendment replaces subsections (3) and (4) and provides that they apply until 31 October 2013. Section 35(3) makes it an infringement of the copyright in a work if a person who does not hold the New Zealand copyright imports a film into New Zealand within 9 months of the film's first cinematic release date:

• in new section 48 it extends to educational resource suppliers (defined in new section 3(2)) the same protection from liability for infringement of copyright currently enjoyed by educational establishments:

• it inserts a new heading for clause 49 of the Bill:

• it adds a requirement that an Internet service provider (ISP) must have a policy for terminating the accounts of repeat copyright infringers (new section 92A):

• it clarifies that an Internet service provider who knows or has reason to believe that material posted on the ISP’s website infringes copyright is liable if the ISP does not delete or prevent access to the material as soon as possible after becoming aware of it. A factor in determining whether an Internet service provider knows or has reason to believe that material infringes copyright is whether the Internet service provider has received an infringement notice in respect of it (new section 92C(2A)):

• it clarifies the extent to which the rights of a TPM issuer under new section 226B impinges on the exercise of a permitted act or the undertaking of encryption research:

• it clarifies, for the purposes of new section 226E, who may undertake encryption research:

• it adds a further exception to liability for commercial dealing in a work when someone has interfered with the commercial management information attached to or embedded in the work:

• it clarifies that the references in new sections 226H and 226J to “licensee” are references to the exclusive licensee.