A solution to the thorny issue of policing copyright laws on the internet is on the way, Commerce Minister Simon Power said today.
He released submissions on a proposed three phase process to allow copyright holders to pursue those who breach their rights.
The final stage would allow the Copyright
Tribunal to order damages, injunctions, fines and the termination of internet accounts for persistent breaches of intellectual property.
Mr Power said 113 submissions were received, 40 of which were from industry organisations.
"There seems to be general support for the proposals. They're regarded as a significant improvement on the original," Mr Power said.
"This gives me encouragement that we're on track to developing a fair and balanced process to deal with online copyright infringement."
The original proposals put forward by the last government collapsed when internet providers refused to co-operate.
They did not like plans for them to cut off people's internet accounts if they were accused of copyright breaches.
Now it is proposed that in the first instance, a rights holder could complain to the internet service provider which would notify the subscriber.
If there was further infringement, a cease-and-desist order would be sent.
If there was further infringement, the rights-holder could apply to the Copyright Tribunal for an order to obtain the subscriber's name and contact details.
The rights-holder could then serve an infringement notice.
If this and mediation failed, the tribunal would convene and could impose penalties ranging from fines to termination of a user's internet account.
Mr Power said there were still concerns that the termination of internet accounts was unreasonable especially when there were multiple users of a single account.
Legislation was expected at the end of the year after Cabinet considered a policy paper on section 92a of an amended Copyright Act.
- NZPA
