Archive for July 15th, 2009

15
Jul
09

Copyright: It’s Back!

The government had released its new proposals to deal with copyright in the digital age. In particular that thorny little clause S92A which can be found here.

This is an area of law which will impact on more and more people so I recommend reading and getting familiarised with the issues.

GuidetoGo has the following useful article detailing some of what’s proposed.

Proposal To Give Copyright Tribunal Powers To Police The Net

The Copyright Tribunal would be given the power to punish internet users who repeatedly breach copyright under proposals put forward today.

A discussion document from the Economic Development Ministry and interested parties has recommended a three-phase process to allow copyright holders to pursue those who breach their rights.

The final stage would allow the Copyright Tribunal to order damages, injunctions, fines and the termination of internet accounts for persistent breaches of intellectual property.

In the first instance, a rights holder could complain to the internet service provider which would notify the subscriber.

If there was further infringement, a cease-and-desist order would be sent.

If there was further infringement, the rights-holder could apply to the Copyright Tribunal for an order to obtain the subscriber’s name and contact details.

The rights-holder could then serve an infringement notice.

If this and mediation failed, the tribunal would convene and could impose penalties ranging from fines to termination of a user’s internet account.

Commerce Minister Simon Power said he wanted a fair and efficient process to address copyright offending.




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