TPP laws risk creative handbrakes

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Tuesday, 26 July 2016, 4:21 pmPress Release: InternetNZ

TPP laws risk creative handbrakes and unwarrantedcriminal charges

InternetNZ has released itssubmission to Parliament on the TPP Amendment Bill. Thesubmission sets out ways to update the draft legislation todeliver the most fair possible copyright laws for all NewZealanders.

"This legislation makes some use of theexceptions allowed in the TPP, but it can and should go muchfurther. The TPP will make New Zealand"s copyright laws lessfair - but Parliament can amend this draft legislation tominimise the damage," says Jordan Carter, Chief Executive ofInternetNZ.

Under the TPP, all member countries must adoptshared rules on intellectual property. This means a range ofNew Zealand laws will need to change to satisfy theTPP.

In particular, InternetNZ is concerned about newrestrictions on digital locks or "Technological ProtectionMeasures," which could unfairly restrict New Zealanders"access to content. Given the huge number of ways theInternet is being used, and the new ways yet to be invented,the impact of such locks in future could be even worse thanwe know today.

The proposed digital lock rules restrictwhat New Zealanders can do with both digital content andwith physical things that they have purchased. Overseas,similar restrictions have meant people have to askpermission to repair a car or tractor, because the softwarein it is a copyright work. Right now, similar rules in theUSA are facing a legal challenge because of thoserestrictive effects.

"We are pleased that this Bill allowsfor exceptions to the newly restrictive rules, which go someway to restoring the fairer balance in today"s copyright lawthat the TPP damages," says Carter.

"However, we areconcerned that the threat of lawsuits or criminal liabilitywill stop people using content and technology in legitimateways. This law may scare people away from innovating, whichis not good for our creative industry or anyone else."

TheTPP itself calls for a balance of rights, and suggests theuse of exceptions so that copyright law does not unfairlystop people from innovating and using newtechnologies.

"It is vital for the most expansive possibleset of exceptions to be put in place. Regardless of whathappens with the TPP, InternetNZ supports a review ofcopyright law, to ensure our balance is fair and up todate."

InternetNZ"s submission also considered theproposed extension of copyright terms. TPP"s requirement ofan extension of the term goes against its promise of balancein IP rights, but isn"t a negotiable part of the deal atthis stage.

InternetNZ says that the upcoming review ofcopyright should consider this balance as soon as possible.The organisation has argued for fair copyright lawsthroughout the TPP negotiations and hopes the submissionwill be carefully considered in the work of the SelectCommittee scrutinising the draft legislation.

"It isimportant that this law is finalised with carefulconsideration so that, as a country, we minimise the veryreal risks of unfairly restricting New Zealanders" access tocontent," says Carter.

You can read InternetNZ"ssubmission here: Trans-Pacific Partnership AgreementAmendmentBill

ENDS

Scoop Media

Source: http://www.scoop.co.nz/stories/PO1607/S00300/tpp-laws-risk-creative-handbrakes.htm