Artists say internet account termination too far

The Creative Freedom Foundation thinks proposed changes to the Copyright Act go too far. Photo / Chris Rusdale

A trust of New Zealand artists says a proposal to terminate the internet accounts of those who repeatedly breach copyright is a step too far.

The Creative Freedom Foundation, a non-profit trust representing about 1000 artists, welcomed the Ministry of Economic Development's proposal on the vexed question of internet copyright, which was released for public comment yesterday.

A document recommended a three-phase process to allow copyright holders to pursue those who breach their rights, starting with complaints to the internet service provider but with a final stage allowing the Copyright Tribunal to order damages, injunctions, fines and the termination of internet accounts for persistent breaches of intellectual property.

CFF director Bronwyn Holloway-Smith said the proposal was a considerable improvement, but went too far with the termination of internet accounts.

"As artists, we don't want people's internet taken away to protect our copyright. This is too severe a punishment, and many consider it to be a breach of human rights," she said.

There were also problems over the definition of an ISP and considerable costs to businesses for tracking hardware.

"While there are a few creases to iron out, we are optimistic that the Government is on the right track to creating a great solution for New Zealand that supports and protects both creative and public rights."

InternetNZ executive director Keith Davidson said the proposal was a "mixed bag" and said the threat of termination was over the top and risked causing a backlash from internet users.

Commerce Minister Simon Power released the discussion document, saying he wanted a fair and efficient process to address copyright offending.

"Unlawful file-sharing is very costly to New Zealand's creative industries and I am determined to deal with it," Mr Power said.

Labour's communications and IT spokeswoman Clare Curran said the Government was trying to please everyone and would end up pleasing no one.

"A termination policy is unlikely to work. International attempts to introduce similar policies haven't worked to date," Ms Curran said.

"While the involvement of a third party, the Copyright Tribunal, to resolve copyright issues and adjudicate on them is welcome, there is no detail about how this would work."

The document seeks public comment by August 7.

- NZPA