Government announces timetable for the Copyright (New Technologies) Amendment Act

The Copyright (New Technologies) Amendment Act received Royal assent on 11 April 2008. However, it is yet to come into force. In late June 2008, the Associate Minister of Commerce, the Honourable Judith Tizard, announced that the Government expected that the Amendment Act would come into force in October of this year, once certain regulations have been promulgated. We outline below the key changes that the Amendment Act will make to copyright law.

The use of technologically-neutral language

To take account of technological developments the Act will amend and replace existing terms to create a technology neutral framework. Thus terms such as broadcasting and cable programme service are replaced with technologically-neutral terms.

Clarification of the liability of ISPs for copyright infringement

It also clarifies the liability of Internet Service Providers (ISPs) for copyright infringement. It will make it clear that an ISP will not be liable where it merely provides the physical facilities to enable a communication to take place. Further, it provides that there will be no liability for an ISP when storing and caching infringing copyright material if it deletes or prevents access to infringing material as soon as possible after it becomes aware that the material is likely to infringe copyright.

Updating of permissible fair dealing by educational establishments, libraries and archives

It updates the existing permitted acts for fair dealing by educational establishments, libraries and archives. Educational establishments, libraries and archives will be able to create and store digital copies of works on the Internet or other electronic retrieval systems, provided certain conditions are met.

Creation of a format shifting exception to copyright infringement for sound recordings

It creates a format shifting exception for copying sound recordings for personal use or the personal use of an individual's household provided certain conditions are met. This new exception for format shifting of sound recordings will allow the public to rip CD tracks so long as the conditions for doing so are met. However, the original purchaser of the sound recording must not make more than one copy for use on each device owned and the purchaser must retain both the original version of the sound recording purchased and the copy made. In other words, this new exception will not allow copying of CDs for friends or online file-sharing. Such conduct remains infringement.

Lawful decompilation and adaptation of software

The Amending Act will also allow decompilation or adaptation of computer programs under certain conditions. A lawful user of a computer program will not infringe copyright in it by observing, studying or testing the functions of the program in order to determine the ideas and principles that underlie it.

The protection of technological protection measures (TPMs)

The amended Act will give more comprehensive protection to technological protection measures (devices by which copyright owners seek to protect their copyright). Both civil and criminal sanctions are to be provided for the circumvention of such measures. For example, it introduces criminal offence provisions in limited circumstances where circumvention of a TPM is for large-scale commercial dealing in copyright material.

Re-enactment of the nine month parallel importation ban on films

The Amendment will see the nine month parallel importation ban on films from their international theatrical release date continue. This ban was set to expire on 31 October 2008. The amended Act re-enacts the nine month ban until 31 October 2013.

Need more information?

For more information on copyright law issues please call Garry Williams on 64 9 916 8661.