Labour to abolish termination as a copyright option
August 31st, 2011 at 10:53 am by David FarrarClare Curran blogs at Red Alert:
If elected, we will introduce a Bill within 90 days to remove the termination clauses from the Copyright Act. Those clauses, which give the District Court the ability to impose account suspension as a remedy for infringing file sharing – can’t work in the long term.
This is a welcome policy from Labour. Congrats to Clare to have got Labour to change their position so radically. Three years ago the law was to require ISPs to terminate all repeat copyright infringers (based on accusation), and now it is to remove termination as an option.
This is a good example of the difference a dedicated spokesperson can make.
It is worth noting that the termination clauses are a “reserve” power at the moment, and can only be activated by Cabinet if they feel the current regime has failed to work. I don’t think it is likely they would ever be activated, but I certainly would much prefer the option is taken off the table – as Labour is proposing.
What this means, is that if a future National Government does ever try to activate the termination clause, it would be vigorously opposed by Labour as well as the Greens (and much of the community), which should reduce the chance of it happening also.
Labour will also undertake a review of the Copyright Act, with the aim of introducing a new Copyright Bill within 18 months that updates and extends the framework for digital copyright in New Zealand.
The first phase of the review will be to commission an independent analysis of the problems with the status quo from an eminent expert, such as the review Professor Hargreaves has recently conducted for the UK Prime Minister, and then consultation on a draft Bill before it is introduced.
New Zealand’s Copyright Act has been half-heartedly adapted for the Internet age. Instead of more piece-meal reforms, we need to transform our digital intellectual property framework, to bring it into the 21st century and to promote innovation and growth in our economy
I’m supportive of this also. I hope any such review (if Labour do form Government) is what I would call a first principles review of copyright – asking what is the correct balance between economic protection and public use in today’s world. This is more than just asking how can we make the law better. I would see such a fundamental review as being more than an 18 month exercise.
The focus should also be on more than just digital copyright. We should also debate issues such as fair use vs fair dealing, protection for use for satire or parody etc. The debate should be about these basic issues, before we even get onto how then does it apply in the digital environment.
Overall though a very welcome announcement from Labour. Well done.
Related posts:
- Copyright termination terminated – for now
- Digital Copyright
- Labour and copyright
- Curran’s Copyright Ideas
August 31st, 2011 at 10:57 am
Yet another promise easily made when you have no prospect of enacting it. I don’t know why Labour doesn’t just promise free money to everyone on an income less than $30,000.00. They may as well.
Vote:August 31st, 2011 at 11:01 am
has she got permission to announce this .. will Goff flip-flop on it?
Vote:August 31st, 2011 at 11:02 am
smttc
Vote:Damned if they do; damned if they don’t, eh? If they have policy you disagree with, then presumably they’re in the wrong. If they have policy you like; it’s futile.
August 31st, 2011 at 11:02 am
Another good Green Party policy that Labour have finally got around to
Vote:stealingsupporting. That said, well done Clare.August 31st, 2011 at 11:54 am
Mikenmild, I have no interest in the policy under discussion. But I agree Labour are damned and rightfully so.
Vote:August 31st, 2011 at 11:56 am
Fucking Labour are a bunch of useless prats.
Vote:August 31st, 2011 at 11:56 am
They are damned in more ways than one.
Vote:August 31st, 2011 at 12:06 pm
Some people just cannot handle stress – and it shows when they accelerate a series of U-turns. Labour will continue to flop/flop in an effort to hit a resounding chord (in fact, any chord) with the voter. We can expect many more policy reversals and even more outrageous promises from Labour in the weeks ahead.
Desperate people do desperate things.
Vote:August 31st, 2011 at 12:20 pm
oad (2,984) Says:
August 31st, 2011 at 11:02 am
Another good Green Party policy that Labour have finally got around to stealing supporting. That said, well done Clare.
So will the Greens make this poicy part of their agreement with National if they get voted back?
I agree the curent policy inLaw is a typial National mess.
Is it a bottom line for support.
That’s the acid test.
Vote:August 31st, 2011 at 12:24 pm
Sorry is this the same Clare Curran who said that the Greens were encroaching on Labour Party territory a week ago?
Vote:August 31st, 2011 at 1:04 pm
Hooray! Labour supports the right of thieves to go keep going back to their victims for more stuff.
Vote:August 31st, 2011 at 1:36 pm
The most important words in Curran’s announcement are the first two: “If elected…”
Vote:August 31st, 2011 at 1:52 pm
Poor… Clare flogging a dead horse called Labour. Labour the party that keeps on giving. to the Greens.
Vote:August 31st, 2011 at 2:28 pm
S.Russell – Indeed. How will Beyonce and Lady Gaga survive if people keep downloading their stuff? I mean these poor ladies are almost on the street as it is. How much more can they endure!?! It’s a sad state of affairs when society forgets about its most vulnerable citizens.
Vote:August 31st, 2011 at 2:33 pm
Weihana,
I responded to your last Aug 30 general debate post.
“How will Beyonce and Lady Gaga survive if people keep downloading their stuff?”
Ah, modern “culture” at its best.
Vote:August 31st, 2011 at 2:52 pm
Toad you guys must be so sick of Labour always taking you for granted, stealing your policies, attacking you in public for daring to have Labour voters switch to you… I hope you guys do really well in the election at their expense, then maybe they’ll respect you more.
Vote:August 31st, 2011 at 2:57 pm
Lee01 – yes, thank you I just replied.
Vote:August 31st, 2011 at 3:01 pm
How would this affect a free trade deal with the USA? But, do we want a free trade deal with the US anyway?
Asia is where its at.
Vote:August 31st, 2011 at 4:13 pm
Please tell why Labour voted for this in the first place then?
Vote:And secondly what was the huge urgency in passing this legislation in the first place (other then behind the scenes lobbying by the music and film cartel)?
August 31st, 2011 at 4:40 pm
wreck1080 – A free trade deal would be beneficial to us. But that has to be weighed against their demands. The “presumption of guilt” copyright framework that we now have is not a reasonable demand in exchange for a free trade deal.
Anyway, if this copyright legislation gets us a free trade deal then where is our free trade deal? I think we would be better served in our pursuits of a free trade agreement by getting rid of our silly stance on nuclear powered ships. Aside from the ban being silly I think our treatment of the US over this issue has been a slap in their face, especially considering that we would rely on the US in the face of any actual security threat.
Vote:August 31st, 2011 at 7:16 pm
It’s a pity Labour didn’t vote against the Bill when it was rushed through parliament a few months ago! I hope they apologise for their mistake.
I’m not sure why our government just bends over to the whim of overseas industry. Especially the “entertainment industry”! 95% of actors and musicians are absolute dickheads, so I’m not sure why we’re so eager to please them.
NZ needs to stand on it’s own two feet. When the MPAA and RIAA tell us “make this law or else”, we should tell them to stick it up their arses. NZers should be making laws that affect our people, not the US recording industry, not some meeting in Kyoto, not the United Nations, not some cocks in Hungary.
Vote:August 31st, 2011 at 10:09 pm
It’s a knee-jerk reaction.
They look at general events and take a side opposite the Govt they think will gain them points.
They don’t actually stand for anything other than themselves.
Vote:September 1st, 2011 at 10:47 am
Fletch – yeah, as opposed to the other side… queue Tui ad.
Vote: