Copyright law of New Zealand: Difference between revisions

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The copyright law of New Zealand is covered by the Copyright Act 1994 and subsequent amendments.^[1] It is administered by Business Law Policy Unit of the Ministry of Business, Innovation and Employment (MBIE). In June 2017, a review of the existing legislation was announced.^[2]^[3]

New Zealand is party to several international copyright agreements, including the TRIPS Agreement 1994, the Berne Convention 1928 and the Universal Copyright Convention 1952.

Scope of copyright

The Copyright Act 1994 provides owners of original work with a monopoly to control the use and dissemination of their work. The owner of the copyright in a work has the exclusive right to exploit the economic rights. A person infringes copyright in a work when he or she, other than pursuant to a copyright licence, does any of the following "restricted acts", either in relation to the work as a whole or any "substantial part" of it:^[4]

copying the work
publishing, issuing or selling copies to the public
performing, playing or showing the work in public
broadcasting the work
making any work derived or adapted from the copyright work

Anyone who wants to use someone else's work requires the permission of the right owner. The copyright owner can assign, transfer, and license the economic rights in the work.

Copyright works

Copyright automatically applies (no registration required) to original works in the following categories:^[4]

Literary works (novels, poems, song lyrics, computer programming/programmes, compilations of data)
Dramatic works (scripts for films or plays)
Artistic works (paintings, plans, maps, photographs, sculptures, models, buildings)
Musical works (scores and arrangements)
Sound recordings (of musical, literary or dramatic works)
Films
Broadcasts (radio, TV, cable)
Typographical arrangement of published editions (this exists independent of copyright in the published work, if any)

Copyright does not apply to certain government works, such as Acts of Parliament, Regulations, Parliamentary debates, Court judgments and reports of Select Committees, Royal Commissions, Commissions of Inquiry, etc.

Copyright term

Copyright protection does not last forever. The duration of copyright protection depends on the type of work. The work will eventually be out of copyright (there is no concept of public domain in New Zealand legislation).^[5] This means that once copyright has expired, everyone can freely use the work. Before such time permission of the rights holder is required to use a copyrighted work. New Zealand's copyright term is largely consistent with other countries, and complies with the WIPO standard. The copyright term depends on the type of work in question. Here are some examples:^[4]

Literary, dramatic, musical and artistic works: 50 years from the death of the author
Sound recordings and films: 50 years from when it is available to the public
Broadcasts and cable: 50 years from broadcast
Typographical arrangements: 25 years from first publishing
Computer-generated work: 50 years after being made
Crown copyright: 100 years
Artistic works industrially applied: 16 years from when the work is applied
Artistic craftsmanship industrially applied: 25 years from when the work is applied

In October 2021, the New Zealand government reached a free trade agreement with the United Kingdom.^[6] This agreement includes a provision to extend the copyright term by 20 years for authors, performers and producers to be implemented within 15 years.^[7]

Exclusions and fair dealing

The Copyright Act allows for certain permitted acts to be exempted from copyright restrictions. These include:

fair dealing for the purpose of criticism, review, news reporting, research or private study
certain educational purposes
time shifting of TV programmes for viewing at a later time
format shifting of music
back up of computer programs
braille copies of literary or dramatic works

Moral rights

Besides protecting the economic rights of the author, copyright law also protects the moral rights of an author. Moral rights protect the author from distortion, mutilation or other modification of the work where that act would be or is prejudicial to the reputation of the author. Moral rights are inalienably attached to the author and cannot be transferred. Some moral rights can, however, be waived. Moral rights give the author for instance the right to:

be identified as the author (right of attribution)
object to derogatory treatment of the work (right of integrity)
not have work falsely attributed to them

New technologies amendments

In 2001,^[8] 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. Law changes were enacted in 2008, most notably the Copyright (New Technologies) Amendment Act.^[9] These changes were influenced by media corporations and aligned organisations (RIANZ, APRA, Artists Alliance, NZSA, AIPA, NZIPP, etc.), but opposed by New Zealand artists,^[10] technology specialists,^[11] ISPs,^[12] businesses,^[13] media commentators,^[14] librarians^[15] and members of the public.^[16] The nature of the law changes attracted attention internationally.^[17] Prime Minister John Key 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 the United States.^[18]

In February 2010, a Bill repealing section 92a of the Act was introduced to parliament, replacing it with a three notice regime for copyright infringement via file sharing.^[19] The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to $15,000.^[20] The notice regime took effect on 1 September 2011.^[21]

In 2013, the Copyright Tribunal decided 17 cases pertaining to illegal file sharing. In all 17 cases, the applicant was the Recording Industry Association of New Zealand (RIANZ) taking action on behalf of the copyright holders against individual Internet account holders.^[22] None of the account holders were infringing on a commercial scale for profit. In most cases the infringement concerned the uploading of music using BitTorrent file-sharing protocols.^[23]

References

^ "Copyright Act 1994". New Zealand Government. 1 December 2008.
^ "Government launches review of the Copyright Act 1994". The Beehive. Retrieved 21 January 2020.
^ NZ Government (8 July 2020). "Review of the Copyright Act 1994". Ministry of Business, Innovation and Employment (MBIE). Wellington, New Zealand. Retrieved 16 December 2020. Publication date shown is the page last modified date at the time of access.
^ ^a ^b ^c "Copyright protection in New Zealand | Ministry of Business, Innovation & Employment". mbie.govt.nz. Retrieved 21 January 2020.
^ "A look at the rights in cultural heritage collections". natlib.govt.nz. Retrieved 20 August 2020.
^ "New Zealand secures historic free trade deal with the United Kingdom". The Beehive. Retrieved 21 October 2021.
^ "Explainer: New Zealand – United Kingdom FTA Agreement in Principle". The Beehive. 21 October 2021. Archived from the original on 21 October 2021. Retrieved 22 October 2021.
^ "Digital Technology and the Copyright Act 1994: A Discussion Paper". MED. July 2001.
^ "Section 92a of the Copyright Act". New Zealand government.
^ "Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation". Creative Freedom NZ. Archived from the original on 27 February 2009. Retrieved 17 January 2009.
^ Wallace, Brenda (12 November 2008). "Say good bye to freedom on the internet – was nice while it lasted". Archived from the original on 6 December 2008. Retrieved 17 January 2009.
^ Keall, Chris (21 January 2009). "ISPs: New copyright law puts business in the gun; scrap it". Archived from the original on 22 January 2009. Retrieved 22 January 2009.
^ "Guilt Upon Accusation: New Zealand Businesses". Creative Freedom NZ. Archived from the original on 24 July 2011.
^ Jackson, Colin (7 October 2008). "Ministers: why we changed the Copyright Act".
^ "Now librarians come out against copyright law". Computerworld. 20 January 2009. Archived from the original on 27 February 2009. Retrieved 21 January 2009.
^ Pilcher, Pat (13 January 2009). "Is the new copyright law a lose-lose proposition?". The New Zealand Herald.
^ Gibbs, Mark (20 February 2009). "New Zealand gets insane copyright law". ComputerWorld. Archived from the original on 2 March 2007. Retrieved 9 July 2019.
^ "Key: We still need a new internet copyright law". Stuff. New Zealand Press Association. 24 February 2009. Archived from the original on 27 February 2009. Retrieved 24 February 2009.
^ Power, Simon (23 February 2010). "Section 92A bill introduced to Parliament today".
^ "NZ Copyright Infringement Regime – Illegal File Sharing". LawDownUnder. 30 January 2013.
^ Walls, Alex (4 August 2011). "'Three strikes' file sharing law coming sooner than you think". Archived from the original on 2 April 2012. Retrieved 10 August 2011.
^ "Copyright – New Zealand Ministry of Justice". justice.govt.nz.
^ "Copyright Infringement File Sharing". LawDownUnder. 28 December 2013. Archived from the original on 31 January 2016. Retrieved 28 December 2013.

External links

[Act-1] "Copyright Act 1994". New Zealand Government. 1 December 2008.

[2] "Government launches review of the Copyright Act 1994". The Beehive. Retrieved 21 January 2020.

[nz-government-2020-3] NZ Government (8 July 2020). "Review of the Copyright Act 1994". Ministry of Business, Innovation and Employment (MBIE). Wellington, New Zealand. Retrieved 16 December 2020. Publication date shown is the page last modified date at the time of access.

[:0-4] "Copyright protection in New Zealand | Ministry of Business, Innovation & Employment". mbie.govt.nz. Retrieved 21 January 2020.

[5] "A look at the rights in cultural heritage collections". natlib.govt.nz. Retrieved 20 August 2020.

[6] "New Zealand secures historic free trade deal with the United Kingdom". The Beehive. Retrieved 21 October 2021.

[7] "Explainer: New Zealand – United Kingdom FTA Agreement in Principle". The Beehive. 21 October 2021. Archived from the original on 21 October 2021. Retrieved 22 October 2021.

[review2001-8] "Digital Technology and the Copyright Act 1994: A Discussion Paper". MED. July 2001.

[9] "Section 92a of the Copyright Act". New Zealand government.

[10] "Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation". Creative Freedom NZ. Archived from the original on 27 February 2009. Retrieved 17 January 2009.

[11] Wallace, Brenda (12 November 2008). "Say good bye to freedom on the internet – was nice while it lasted". Archived from the original on 6 December 2008. Retrieved 17 January 2009.

[12] Keall, Chris (21 January 2009). "ISPs: New copyright law puts business in the gun; scrap it". Archived from the original on 22 January 2009. Retrieved 22 January 2009.

[13] "Guilt Upon Accusation: New Zealand Businesses". Creative Freedom NZ. Archived from the original on 24 July 2011.

[14] Jackson, Colin (7 October 2008). "Ministers: why we changed the Copyright Act".

[15] "Now librarians come out against copyright law". Computerworld. 20 January 2009. Archived from the original on 27 February 2009. Retrieved 21 January 2009.

[Pilcher-16] Pilcher, Pat (13 January 2009). "Is the new copyright law a lose-lose proposition?". The New Zealand Herald.

[17] Gibbs, Mark (20 February 2009). "New Zealand gets insane copyright law". ComputerWorld. Archived from the original on 2 March 2007. Retrieved 9 July 2019.

[18] "Key: We still need a new internet copyright law". Stuff. New Zealand Press Association. 24 February 2009. Archived from the original on 27 February 2009. Retrieved 24 February 2009.

[19] Power, Simon (23 February 2010). "Section 92A bill introduced to Parliament today".

[20] "NZ Copyright Infringement Regime – Illegal File Sharing". LawDownUnder. 30 January 2013.

[21] Walls, Alex (4 August 2011). "'Three strikes' file sharing law coming sooner than you think". Archived from the original on 2 April 2012. Retrieved 10 August 2011.

[22] "Copyright – New Zealand Ministry of Justice". justice.govt.nz.

[23] "Copyright Infringement File Sharing". LawDownUnder. 28 December 2013. Archived from the original on 31 January 2016. Retrieved 28 December 2013.

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@@ Line 1: / Line 1: @@
-{{Use dmy dates|date=August 2013}}
+{{More citations needed|date=July 2021}}
+{{Use dmy dates|date=June 2024}}
 {{Use New Zealand English|date=August 2013}}
-The '''copyright law of New Zealand''' is covered by the [[Copyright Act 1994]] and subsequent amendments.<ref name="Act">{{cite web |url= http://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345634.html |title=Copyright Act 1994 |publisher=New Zealand Government |date=1 December 2008}}</ref>  It is administered by Business Law Policy Unit of the [[Ministry of Business, Innovation and Employment]] (MBIE). In June 2017, a review of the existing legislation was announced.<ref>{{Cite web|url=http://www.mbie.govt.nz/info-services/business/intellectual-property/copyright/review-copyright-act-1994|title=Review of the Copyright Act 1994 {{!}} Ministry of Business, Innovation and Employment|website=www.mbie.govt.nz|language=en|access-date=2018-04-28}}</ref>
+The '''copyright law of New Zealand''' is covered by the [[Copyright Act 1994]] and subsequent amendments.<ref name="Act">{{cite web |url= http://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345634.html |title=Copyright Act 1994 |publisher=New Zealand Government |date=1 December 2008}}</ref> It is administered by Business Law Policy Unit of the [[Ministry of Business, Innovation and Employment]] (MBIE). In June 2017, a review of the existing legislation was announced.<ref>{{Cite web|url=http://www.beehive.govt.nz/release/government-launches-review-copyright-act-1994|title=Government launches review of the Copyright Act 1994|website=The Beehive|access-date=2020-01-21}}</ref><ref name="nz-government-2020">
+{{cite web
+ | author = NZ Government
+ | title = Review of the Copyright Act 1994
+ | date = 8 July 2020
+ | work = Ministry of Business, Innovation and Employment (MBIE)
+ | location = Wellington, New Zealand
+ | url = https://www.mbie.govt.nz/business-and-employment/business/intellectual-property/copyright/review-of-the-copyright-act-1994
+ | access-date = 2020-12-16
+}}  Publication date shown is the page last modified date at the time of access.
+</ref>
 New Zealand is party to several [[international copyright agreements]], including the [[Agreement on Trade-Related Aspects of Intellectual Property Rights|TRIPS Agreement 1994]], the [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention 1928]] and the [[Universal Copyright Convention|Universal Copyright Convention 1952]].
 == Scope of copyright ==
-The Copyright Act 1994 provides owners of original work with a monopoly to control the use and dissemination of their work. The owner of the copyright in a work has the exclusive right to exploit the economic rights. A person infringes copyright in a work when he or she, other than pursuant to a copyright licence, does any of the following “restricted acts”, either in relation to the work as a whole or any “substantial part” of it: <ref name="MED">{{cite web |url= http://www.med.govt.nz/business/intellectual-property/copyright/copyright-protection-in-new-zealand |title=Copyright Protection in New Zealand |publisher=MBIE |date=18 February 2008}}</ref>
+The Copyright Act 1994 provides owners of original work with a monopoly to control the use and dissemination of their work. The owner of the copyright in a work has the exclusive right to exploit the economic rights. A person infringes copyright in a work when he or she, other than pursuant to a copyright licence, does any of the following "restricted acts", either in relation to the work as a whole or any "substantial part" of it:<ref name=":0">{{Cite web|url=https://www.mbie.govt.nz/business-and-employment/business/intellectual-property/copyright/copyright-protection-in-new-zealand/|title=Copyright protection in New Zealand {{!}} Ministry of Business, Innovation & Employment|website=mbie.govt.nz|access-date=2020-01-21}}</ref>
 * copying the work
 * publishing, issuing or selling copies to the public
@@ Line 12: / Line 24: @@
 * broadcasting the work
 * making any work derived or adapted from the copyright work
-Anyone who wants to use someone else’s work requires the permission of the right owner. The copyright owner can assign, transfer, and license the economic rights in the work.
+Anyone who wants to use someone else's work requires the permission of the right owner. The copyright owner can assign, transfer, and license the economic rights in the work.
 == Copyright works ==
-Copyright automatically applies (no registration required) to original works in the following categories:<ref name="MED" />
+Copyright automatically applies (no registration required) to original works in the following categories:<ref name=":0" />
-* Literary works (novels, poems, song lyrics, computer programmes, compilations of data)
+* Literary works (novels, poems, song lyrics, computer programming/programmes, compilations of data)
 * Dramatic works (scripts for films or plays)
 * Artistic works (paintings, plans, maps, photographs, sculptures, models, buildings)
@@ Line 29: / Line 42: @@
 == Copyright term ==
-Copyright protection does not last forever. The duration of copyright protection depends on the type of work. The work will eventually enter the public domain. This means that once copyright has expired, everyone can freely use the work. Before such time permission of the right holder is required to use a copyrighted work. New Zealand's copyright term is largely consistent with [[List of countries' copyright length|other countries]], and complies with the [[WIPO]] standard. The copyright term depends on the type of work in question.
+Copyright protection does not last forever. The duration of copyright protection depends on the type of work. The work will eventually be out of copyright (there is no concept of public domain in New Zealand legislation).<ref>{{Cite web|title=A look at the rights in cultural heritage collections|url=https://natlib.govt.nz/blog/posts/a-look-at-the-rights-in-cultural-heritage-collections|access-date=2020-08-20|website=natlib.govt.nz}}</ref> This means that once copyright has expired, everyone can freely use the work. Before such time permission of the rights holder is required to use a copyrighted work. New Zealand's copyright term is largely consistent with [[List of countries' copyright length|other countries]], and complies with the [[WIPO]] standard. The copyright term depends on the type of work in question.
-Here are some examples: <ref name="MED" />
+Here are some examples:<ref name=":0" />
 * Literary, dramatic, musical and artistic works: 50 years from the death of the author
 * Sound recordings and films: 50 years from when it is available to the public
@@ Line 39: / Line 53: @@
 * Artistic works industrially applied: 16 years from when the work is applied
 * Artistic craftsmanship industrially applied: 25 years from when the work is applied
+In October 2021, the New Zealand government reached a free trade agreement with the United Kingdom.<ref>{{Cite web|title=New Zealand secures historic free trade deal with the United Kingdom|url=http://www.beehive.govt.nz/release/new-zealand-secures-historic-free-trade-deal-united-kingdom|access-date=2021-10-21|website=The Beehive}}</ref> This agreement includes a provision to extend the copyright term by 20 years for authors, performers and producers to be implemented within 15 years.<ref>{{Cite web|date=21 October 2021|title=Explainer: New Zealand – United Kingdom FTA Agreement in Principle|url=https://www.beehive.govt.nz/sites/default/files/2021-10/NZ%20UK%20AIP%20media%20package%20-%20explainer%20-%20final.docx|url-status=live|access-date=22 October 2021|website=[[The Beehive]]|archive-url=https://web.archive.org/web/20211021130459/https://www.beehive.govt.nz/sites/default/files/2021-10/NZ%20UK%20AIP%20media%20package%20-%20explainer%20-%20final.docx |archive-date=21 October 2021 }}</ref>
-Copyright lengths will change if the [[Trans-Pacific Partnership]] is enacted in its present form, which would require New Zealand and other countries to increase the base copyright term to death of the author plus-70 years.<ref>{{cite web |url= http://www.tpp.mfat.govt.nz/assets/docs/TPP_factsheet_Intellectual-Property.PDF |title=Trans-Pacific Partnership Factsheet: Intellectual Property |publisher=Ministry for Business, Innovation and Employment |date=8 October 2015}}</ref>
 == Exclusions and fair dealing ==
 The Copyright Act allows for certain permitted acts to be exempted from copyright restrictions. These include:
-* fair dealing for the purpose of criticism, review, news reporting, research or private study
+* [[fair dealing]] for the purpose of criticism, review, news reporting, research or private study
 * certain educational purposes
 * [[time shifting]] of TV programmes for viewing at a later time
@@ Line 57: / Line 71: @@
 == New technologies amendments ==
-In 2001,<ref name="review2001">{{cite web|url=http://www.med.govt.nz/templates/MultipageDocumentTOC____991.aspx|title=Digital Technology and the Copyright Act 1994: A Discussion Paper|publisher=MED|date=July 2001}}</ref> 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. Law changes were enacted in 2008, most notably the [[Copyright (New Technologies) Amendment Act 2008|Copyright (New Technologies) Amendment Act]].<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/2008/0027/latest/DLM1122643.html |title=Section 92a of the Copyright Act |publisher=New Zealand government}}</ref> These changes were influenced by media corporations and aligned organisations ([[Recording Industry Association of New Zealand|RIANZ]], [[Australasian Performing Right Association|APRA]], Artists Alliance, NZSA, AIPA, NZIPP, etc.), but opposed by New Zealand artists,<ref>{{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}}</ref> technology specialists,<ref>{{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 |first=Brenda |last=Wallace}}</ref> [[Internet service provider|ISPs]],<ref>{{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 |first=Chris |last=Keall}}</ref> businesses,<ref>{{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 }}</ref> media commentators,<ref>{{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 |first=Colin |last=Jackson |date=7 October 2008}}</ref> librarians<ref>{{cite web |url= http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE |title=Now librarians come out against copyright law |date=20 January 2009 |work=Computerworld}}</ref> and members of the public.<ref name="Pilcher">{{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? |work=New Zealand Herald |first=Pat |last=Pilcher |date=13 January 2009}}</ref> The nature of the law changes attracted attention internationally.<ref>{{cite web |url= http://www.computerworld.com/action/article.do?command=viewarticlebasic&articleid=9128330/ |title=New Zealand gets insane copyright law |work=ComputerWorld |date=20 February 2009 |first=Mark |last=Gibbs}}</ref> Prime Minister [[John Key]] 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 the United States.<ref>{{cite news|url=http://www.stuff.co.nz/stuff/4858146a28.html|title=Key: We still need a new internet copyright law|agency=NZPA|work=stuff.co.nz|date=24 February 2009}}</ref>
+In 2001,<ref name="review2001">{{cite web|url=http://www.med.govt.nz/templates/MultipageDocumentTOC____991.aspx|title=Digital Technology and the Copyright Act 1994: A Discussion Paper|publisher=MED|date=July 2001}}</ref> 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. Law changes were enacted in 2008, most notably the [[Copyright (New Technologies) Amendment Act 2008|Copyright (New Technologies) Amendment Act]].<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/2008/0027/latest/DLM1122643.html |title=Section 92a of the Copyright Act |publisher=New Zealand government}}</ref> These changes were influenced by media corporations and aligned organisations ([[Recording Industry Association of New Zealand|RIANZ]], [[Australasian Performing Right Association|APRA]], [[Artists Alliance]], NZSA, AIPA, NZIPP, etc.), but opposed by New Zealand artists,<ref>{{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|access-date=17 January 2009|archive-url=https://web.archive.org/web/20090227014357/http://creativefreedom.org.nz/s92.html|archive-date=27 February 2009|url-status=dead}}</ref> technology specialists,<ref>{{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 |first=Brenda |last=Wallace |access-date=17 January 2009 |archive-url=https://archive.today/20081206102139/http://coffee.geek.nz/saygoodbyetofreedomontheinternetwasnicewhileitlasted |archive-date=6 December 2008 |url-status=dead }}</ref> [[Internet service provider|ISPs]],<ref>{{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 |first=Chris |last=Keall |access-date=22 January 2009 |archive-url=https://web.archive.org/web/20090122214015/http://www.nbr.co.nz/article/isps-new-copyright-law-puts-business-gun-scrap-it-39710 |archive-date=22 January 2009 |url-status=dead }}</ref> businesses,<ref>{{cite web |url= http://creativefreedom.org.nz/story.html?id=78 |title= Guilt Upon Accusation: New Zealand Businesses |publisher= Creative Freedom NZ |url-status= dead |archiveurl= https://web.archive.org/web/20110724200254/http://creativefreedom.org.nz/story.html?id=78 |archivedate= 24 July 2011 }}</ref> media commentators,<ref>{{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 |first=Colin |last=Jackson |date=7 October 2008}}</ref> librarians<ref>{{cite web |url=http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE |title=Now librarians come out against copyright law |date=20 January 2009 |work=Computerworld |access-date=21 January 2009 |archive-url=https://web.archive.org/web/20090227020558/http://computerworld.co.nz/news.nsf/news/5A10F75C5E84D8F4CC25754400080FBE |archive-date=27 February 2009 |url-status=dead }}</ref> and members of the public.<ref name="Pilcher">{{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? |work=The New Zealand Herald |first=Pat |last=Pilcher |date=13 January 2009}}</ref> The nature of the law changes attracted attention internationally.<ref>{{cite web |url=http://www.computerworld.com/action/article.do?command=viewarticlebasic&articleid=9128330/ |title=New Zealand gets insane copyright law |work=ComputerWorld |date=20 February 2009 |first=Mark |last=Gibbs |access-date=9 July 2019 |archive-url=https://web.archive.org/web/20070302144543/http://www.computerworld.com/action/article.do?command=viewArticleBasic |archive-date=2 March 2007 |url-status=dead }}</ref> Prime Minister [[John Key]] 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 the United States.<ref>{{cite news|url=http://www.stuff.co.nz/stuff/4858146a28.html|title=Key: We still need a new internet copyright law|agency=New Zealand Press Association|publisher=Stuff|date=24 February 2009|access-date=24 February 2009|archive-date=27 February 2009|archive-url=https://web.archive.org/web/20090227122329/http://www.stuff.co.nz/stuff/4858146a28.html|url-status=dead}}</ref>
-In February 2010, a Bill repealing section 92a of the Act was introduced to parliament, replacing it with a three notice regime for copyright infringement via file sharing.<ref>{{cite news|url=http://www.beehive.govt.nz/release/section+92a+bill+introduced+parliament+today|title=Section 92A bill introduced to Parliament today|date=23 February 2010|first=Simon|last=Power}}</ref>  The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to $15,000.<ref>{{cite news|url=http://www.lawdownunder.com/nz-copyright-infringement-regime-illegal-file-sharing/| title=NZ Copyright Infringement Regime – Illegal File Sharing| date=30 January 2013| publisher=LawDownUnder}}</ref> The notice regime took effect on 1 September 2011.<ref>{{cite news |url=http://www.nbr.co.nz/article/three-strikes-file-sharing-law-coming-sooner-you-think-aw-98379 |title='Three strikes' file sharing law coming sooner than you think |first=Alex|last=Walls |date=4 August 2011 |accessdate=10 August 2011}}</ref>
+In February 2010, a Bill repealing section 92a of the Act was introduced to parliament, replacing it with a three notice regime for copyright infringement via file sharing.<ref>{{cite news|url=http://www.beehive.govt.nz/release/section+92a+bill+introduced+parliament+today|title=Section 92A bill introduced to Parliament today|date=23 February 2010|first=Simon|last=Power}}</ref> The bill also provides for the Copyright Tribunal to hear complaints and award penalties of up to $15,000.<ref>{{cite news|url=http://www.lawdownunder.com/nz-copyright-infringement-regime-illegal-file-sharing/| title=NZ Copyright Infringement Regime – Illegal File Sharing| date=30 January 2013| publisher=LawDownUnder}}</ref> The notice regime took effect on 1 September 2011.<ref>{{cite news |url=http://www.nbr.co.nz/article/three-strikes-file-sharing-law-coming-sooner-you-think-aw-98379 |title='Three strikes' file sharing law coming sooner than you think |first=Alex |last=Walls |date=4 August 2011 |accessdate=10 August 2011 |archive-url=https://web.archive.org/web/20120402214835/http://www.nbr.co.nz/article/three-strikes-file-sharing-law-coming-sooner-you-think-aw-98379 |archive-date=2 April 2012 |url-status=dead }}</ref>
-In 2013, the Copyright Tribunal decided 17 cases pertaining to illegal file sharing. In all 17 cases, the applicant was the Recording Industry Association of New Zealand (RIANZ) taking action on behalf of the copyright holders against individual Internet account holders.<ref>http://www.justice.govt.nz/tribunals/copyright-tribunal/search-nzlii-nzcopyt#2013-decisions</ref> None of the account holders were infringing on a commercial scale for profit. In most cases the infringement concerned the uploading of music using bitTorrent file-sharing protocols.<ref>{{cite news|url=http://www.lawdownunder.com/copyright-infringement-file-sharing/| title=Copyright Infringement File Sharing| date=28 December 2013| publisher=LawDownUnder}}</ref>
+In 2013, the Copyright Tribunal decided 17 cases pertaining to illegal file sharing. In all 17 cases, the applicant was the Recording Industry Association of New Zealand (RIANZ) taking action on behalf of the copyright holders against individual Internet account holders.<ref>{{cite web|url=https://www.justice.govt.nz/tribunals/copyright/|title=Copyright – New Zealand Ministry of Justice|website=justice.govt.nz}}</ref> None of the account holders were infringing on a commercial scale for profit. In most cases the infringement concerned the uploading of music using [[BitTorrent]] file-sharing protocols.<ref>{{cite news| url=http://www.lawdownunder.com/copyright-infringement-file-sharing/| title=Copyright Infringement File Sharing| date=28 December 2013| publisher=LawDownUnder| access-date=28 December 2013| archive-url=https://web.archive.org/web/20160131123014/http://www.lawdownunder.com/copyright-infringement-file-sharing/| archive-date=31 January 2016| url-status=dead}}</ref>
 ==See also==
+* [[Freedom of panorama in New Zealand]]
 * [[List of countries' copyright length]]
 * [[Anti-Counterfeiting Trade Agreement]]
@@ Line 70: / Line 85: @@
 == References ==
-{{Reflist|30em}}
+{{Reflist}}
 ==External links==
 *[http://www.copyright.org.nz/ Copyright Council of New Zealand]
 *[http://www.copyright.co.nz/ Copyright Licensing New Zealand (CLNZ)]
-*[http://creativefreedom.org.nz/ Creative Artists]
+*[https://web.archive.org/web/20110825041111/http://creativefreedom.org.nz/ Creative Artists]
+*[https://www.mbie.govt.nz/business-and-employment/business/intellectual-property/copyright/review-of-the-copyright-act-1994 NZ Government landing page for copyright law reform]
-*[https://www.tohatoha.org.nz// Tohatoha Aotearoa (formerly Creative Commons Aotearoa)]
+*[https://web.archive.org/web/20180627062325/https://www.tohatoha.org.nz/ Tohatoha Aotearoa (formerly Creative Commons Aotearoa)]
 {{Oceania topic|Copyright law of |state=expand}}
 {{Copyright law by country}}
-{{DEFAULTSORT:Copyright Law Of New Zealand}}
+{{DEFAULTSORT:Copyright Law of New Zealand}}
-[[Category:Copyright law by country|New Zealand]]
+[[Category:New Zealand copyright law| ]]
-[[Category:New Zealand copyright law]]
-[[Category:New Zealand law]]

v t e Copyright law of Oceania
Sovereign states	Australia Federated States of Micronesia Fiji Kiribati Marshall Islands Nauru New Zealand Palau Papua New Guinea Samoa Solomon Islands Tonga Tuvalu Vanuatu
Associated states of New Zealand	Cook Islands Niue
Dependencies and other territories	American Samoa Christmas Island Cocos (Keeling) Islands Easter Island French Polynesia Guam Hawaii New Caledonia Norfolk Island Northern Mariana Islands Pitcairn Islands Tokelau Wallis and Futuna