In a media statement today, the Recording Industry Association New Zealand (RIANZ) and Australasian Performing Right Association (APRA) said they are confident their work with the Telecommunication Carriers Forum (TCF) will lead to a Code of Conduct which will satisfy copyright holders and ISPs.
The intention is to meet the requirements of Section 92A and which, if adopted by ISPs, to provide certainty for all parties moving forward.
“We are confident the concerns that rights holders have had with the draft Code of Conduct, including issues such as counter-notice procedures and costs, will be satisfactorily resolved,” says RIANZ Chief Executive, Campbell Smith.
“Dialogue we have had with the TCF this year has been constructive. We have worked together to try to resolve points of difference and I believe we will achieve a positive result before Section 92A is due to come into force on 28 February 2009. We are confident a code that is both reasonable and effective can be agreed between us prior to 28 February.”
APRA’s Director for New Zealand Operations, Anthony Healey says: “We recognise that ongoing public discussion has identified some concern regarding the content and operation of a code, particularly with regard to a user’s right to object to a notice of infringement.”
“Contrary to reports and concerns we have never been opposed to the idea of an independent third party considering objections and adjudicating where necessary. We are not opposed to this approach provided the process is fair and timely. This is one of the issues we have been discussing with the TCF this week.”
RIANZ and APRA say they are committed to a policy aimed at informing internet users with regard to copyright issues and of their obligations to the terms and conditions of their service contracts with their ISPs.
The notification process contemplated by the TCF code is aimed at educating users in this regard and encouraging them to cease infringing behaviour.
Online copyright infringement is doing serious harm to the creative industries in New Zealand and around the world. For example, it is estimated that 19 out of every 20 downloaded songs infringe copyright. No legitimate business model can compete with that scale of infringement and loss and nor should it. At the same time we recognise that any process established to deal with this infringing activity must be reasonable and fair.
The Recording Industry Association of New Zealand (RIANZ) represents the rights of 60 record labels, including 53 New Zealand independent labels, and more than 800 New Zealand recording artists.
The Australasian Performing Right Association represents songwriters and publishers, including more than 5,000 local music writers and composers.