Improvements to internet copyright enforcement regime recommended

Changes to improve the provisions of a proposed new law on internet copyright have been proposed by the New Zealand Law Society.

The Society today made submissions to the select committee hearing on the Copyright (Infringing File Sharing) Amendment Bill.

Convenor of the Law Society’s Intellectual Property Law Committee, Clive Elliott, said the Society supported the principles of the proposed legislation, but felt that changes could be made to improve the Bill’s enforcement processes through the Copyright Tribunal and the courts.

“The Bill proposes that District Courts will be able to order a six-month suspension of a person’s Internet Services Provider (ISP) account for serious copyright infringement,” Mr Elliott says. “However, during this period it appears that there is nothing to stop that person from opening an account with another ISP and immediately continuing illegal file sharing.”

Mr Elliott says the Bill should include a power to allow the Court to order that a person cannot open an account with another ISP during the period of the suspension.

“The Law Society also believes the Bill’s enforcement procedures could be tightened. This would include removing uncertainty about how infringement notices are issued, clarifying whether copyright owners or ISPs are responsible for dealing with issues where infringement notices are challenged, and removing restrictions on the Copyright Tribunal’s ability to award costs.”

Mr Elliott says the Society submitted that primary role of ISPs should be limited to serving infringement notices on subscribers, with copyright owners responsible for dealing with issues raised if the notices are challenged. The Society also recommended some modifications to the proposed legislation to make the process for preparing and serving infringement notices more workable in practice and to protect subscribers’ rights to privacy.

ENDS

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