March 23, 2020

Regulating Tech in 2020 Series | Big Changes Ahead for Copyright Law

Just to recap, over the last few days, we’ve been looking at some big items on the tech regulation agenda in Aotearoa this year, including:

  1. “Modernising” the Privacy Act
  1. New Zealand’s ‘Consumer Data Right’?  
  1. Preventing Violent Extremist Content Online  
  1. Classifying Content on “Video On-Demand” Services  
  1. Big Changes Ahead for Copyright Law  
  1. Unfair Contract Terms in B2B Contracts  

In this article, we explore the Big Changes Ahead for Copyright Law.  

Copyright law in New Zealand is currently under the microscope, with a thorough review of the Copyright Act 1994 being undertaken by the Ministry of Business, Innovation and Employment (MBIE).  MBIE consulted on an issues paper in 2019, which resulted in 148 submissions on a range of copyright issues – many of which go to the heart of recent developments in technology – such as:

  • Treatment of data and compilations
  • Online infringement, pirate websites and liability of internet service providers
  • Treatment of digital content and streaming services
  • Technological protection measures (like access controls and geo-blocking)
  • Application of copyright to advancing tech areas like AI, SaaS, cloud storage and data mining
  • Social media platforms and User Generated Content
  • Digitisation of existing works.

MBIE says it is analysing the many issues raised during consultation. This will help inform the development of a paper setting out potential options for change to the copyright regime. We expect this to be released this year and will continue our updates as the review progresses.

Many issues go to the heart of recent developments in technology

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