Copyright proposal targets internet pirates

Internet users who ignore warnings about downloading pirated movies, music and books could be hauled before the Copyright Tribunal and fined or have their internet accounts shut down.

The proposal, put out for consultation by Commerce Minister Simon Power, would replace an earlier version of section 92A of the Copyright Act, which was scuttled in March after public protests.

The main target of the proposed law change is tech-savvy broadband users who download pirated music or videos via "peer-to-peer" file-sharing services.

Mr Power could not rule out the possibility that people who unknowingly breached copyright by downloading material from websites could be affected. "Anybody who is involved in the downloading of material that has been copyrighted needs to be paying close attention to the proposals."

File-sharing was costly to New Zealand's creative industries, he said. "I am determined to deal with it."

Artist Bronwyn Holloway-Smith, who co-founded the Creative Freedom Foundation to campaign against the earlier law change, said the new proposal was a considerable improvement. "But it is unfortunate to see internet termination is one of the punishments it can impose."

Innocent people who shared an internet connection could be cut off.

Keith Davidson, executive director of non-profit society InternetNZ, said the new proposal was "less worse" for internet service providers (ISPs) than the original section 92A, as they would no longer need to act as "judge, jury and executioner".

The proposal did not say whether the Copyright Tribunal would require proof of guilt before imposing penalties. But Mr Power said that would be clarified during consultation.

The Government has also yet to decide who would meet the tribunal's costs copyright holders, people accused of infringements or taxpayers.

Labour communications spokeswoman Clare Curran said the proposal was a "stopgap measure" that did not address the underlying issues and would likely please no-one.

NZFact, which represents the major US movie studios, said it demonstrated the Government's commitment to ensuring New Zealand's online environment was safe and secure.

ONLINE ACTION

What would happen when an internet user infringed copyright?

* An "infringement notice" would be sent to the user by their internet service provider (ISP).

* If they did it again, the ISP would send a "cease and desist notice".

* A third infringement, and the Copyright Tribunal could force the ISP to give the customer's details to the copyright holder.

* The customer could then choose to go to mediation with the copyright owner.

* If they did not, the copyright owner could ask the Copyright Tribunal to consider the evidence.

* The Copyright Tribunal could fine the internet user or cut off their access to the internet.

What's yet to be decided?

* Should copyright holders be punished if they make false accusations?

* Would the tribunal require proof of guilt before penalising internet users?

* How long could the tribunal cut someone off from the net?

* Should internet users have a right of appeal and if so, who to?

* Who pays the tribunal's costs?

- © Fairfax NZ News