SUBMISSION TO THE COMMERCE COMMITTEE
FROM CONSUMERS’ INSTITUTE NZ INC ON THE
COPYRIGHT (NEW TECHNOLOGIES AND PERFORMERS’ RIGHTS)
AMENDMENT BILL
Thank you for giving us the opportunity to make a submission on this very important
topic.
Consumers’ Institute is a broad-based national consumer organisation. On behalf of our
100,000 members we test products, compare the quality of services, research and
comment on current consumer issues and expose exploitation of consumers by
unscrupulous traders.
Our prime purpose is to inform and protect the interests of our membership. However,
our work also has a benefit to all New Zealand consumers. This is particularly so when
we take up an issue of broad public interest. Copyright, as it applies to new
technologies and performers’ rights is such an issue.
Introduction
The proposed changes to copyright law are important to both originators of intellectual
property and users of the material produced. The interests of both have to be addressed
and an equitable balance between the competing parties reached.
We note with interest in the explanatory note to the Bill, that the drafters seek to
maintain the careful balance of objectives and interests reflected in the principal Act and
to clarify the part of the legislation applying to the digital world. We agree with this
approach.
We ask the Committee to consider the following points of specific interest to consumers.
Section 81a Copying Sound Recording for Private and Domestic Use
This section applies to sound recording only. It allows copying, for private and domestic
use, if certain conditions are met. However, copyright owners can impose further
conditions. This will lead to the prohibition or severe restriction of the copying of
commercial recordings.
Condition (g) is of particular concern to the Institute. This states that the “owner” of the
sound recording retains the ownership of any copy that is made under this section. This
would place a prohibition on, for e