How TPP affects NZ artists   29 Feb 2012

How TPP affects NZ artists and what the US wants our police to do next
http://creativefreedom.org.nz/2012/how-tpp-affects-nz-artists-and-what-the-us-wants-our-police-to-do-next/


Last week the CFF attended a Stakeholders Briefing on the Trans Pacific Partnership (TPP), a treaty that will affect copyright in New Zealand, the United States and other nations. New Zealanders have just spent in excess of $600,000 to develop an enforcement regime (apparently for the benefit of Rhianna) in the Infringing File Sharing Act, but more changes are on the way that affect public and artistic rights.

Summary of TPP copyright issues

1. The negotiations continue to be secretive even by WIPO standards. Some documents won’t be released for at least four years after the agreement is signed.

2. The US are pushing for New Zealand to adopt:

• Internet termination for households, businesses, and organisations;

• A policy for the NZ Police to prioritise copyright enforcement even at the detriment of other police work;

• The effective removal of Fair Dealing rights by expanding the protectionism of DRM/TPMs, including criminalising the bypassing of DRM/TPMs when exercising legal rights;

• Allowing copyright holders the ability to ban parallel imports of copyrighted material (eg DVDs), denying New Zealanders the right to purchase overseas content;

• An expansion of copyright duration to: death of the author plus 70 years, or 105 years from date of publishing for sound recordings and film.

Overview

The TPP is an international trade agreement currently being negotiated by NZ, the US, Australia, Chile, and several other pacific nations. It’s been described as a bill of rights for corporations, but this comes at a cost for artistic rights and wider public rights.

Through this process the New Zealand government is keen to build and maintain it’s political ties with the US, hoping to gain better access to US markets for it’s agricultural industry. Further down the line, New Zealand hopes that such an agreement would be joined by other big and valuable players (Japan, India etc). The US believes that it will protect a major export of theirs: copyright.

The next round of negotiations are happening in Melbourne in early March and there is a push to conclude negotiations by the end of this year. Depending on the timing of TPPA negations wrapping up, New Zealand may delay its 2013 review of the copyright act in order to first focus on the TPP.

Leaks

Texts for the intellectual property chapter in the TPP have been proposed by several nations. In 2011 earlier proposals from the US, NZ and Chile were leaked.

Concerns

TPP is of concern to New Zealand artists for several reasons:

1. Secrecy

As with ACTA – which is currently being met with significant criticism and protest in Europe – this treaty is being negotiated behind closed doors. Prior to entering negotiations the NZ government and all other participants signed up to a confidentiality agreement that will keep all discussion documents secret until four years after the agreement is either entered in to, or negotiations cease.

In the past US officials have made extraordinary assertions such as claiming a direct link between copyright infringement online and the funding of terrorism. These allegations have never been substantiated, however if they were introduced in a discussion document the lack of public scrutiny could see them go unchallenged throughout the negotiations. There is a significant inability for affected stakeholders and experts, such as NZ artists, to comment on the treaty with accuracy and in depth without having access these documents.

2. Copyright, copyright, copyright

The TPP text includes a significant chapter on “IP”, with particular emphasis on copyright.
Two alternative models are being discussed for this chapter:

1. the NZ/Chile proposed model which is moderate and basically seeks to uphold existing TRIPS agreements and focus on cooperation; and

2. the US model (referred to as “ACTA Plus” and the “standard US template”).

As seen in ACTA, and other US-endeavours to influence NZ copyright lawmaking, the US are pushing for aggressive and heavy-handed copyright regimes.

This has huge potential to harm the way New Zealand artists work and use the internet to connect with overseas markets. It has the potential to unfairly harm public rights and respect for copyright, artists and their work. Because copying occurs in private homes on private internet connections it’s essential to have publicly respectable copyright law, because laws that don’t earn public respect ultimately harm artists.

Items of particular note in the US proposal include:

Internet termination as a penalty;

• Requiring NZ to prioritise copyright enforcement over other matters such as police time, even at the detriment of other policing (lack of resources wouldn’t be accepted as an excuse). Some violent offenses won’t be considered as important as kinds of copyright infringement. When put alongside the $600,000 that New Zealanders have already subsidised for copyright enforcement it’s clear that the trend is to 1) make everything a criminal offense and nothing a civil offense in order to 2) pass expenses for their current business model to the public by making police enforce copyright;

• Removing Fair Dealing rights through expanding protectionism for Technical Protection Measures (TPMs) also called Digital Restriction Management (DRM), and making it a crime to bypass DRM/TPMs, for example trying to access content legally purchased from other regions by breaking the DRM on a DVD player to make it region free. This is currently legal under existing NZ copyright law and is important for enabling NZ to engage with other parts of the world. CFF is opposed to DRM protectionism;

• Allowing copyright holders to ban parallel imports of copyrighted material to allow for market segmentation (Eg expanding region coding-style systems, preventing NZers ordering books from foreign suppliers like Amazon.com). New Zealand already lacks legal alternatives such as Hulu and Netflix — why make it harder to buy?;

• A significant extension of copyright term from death of the author plus 70 years, or 105 years from date of publishing for sound recordings and film (the NZ term is currently death of the author plus 50 years, or 50 years from date of publishing for sound recordings and film);

• Increasing civil punishments (statutory or triple damages) and ensuring mandatory sentences that remove the current right of a New Zealand judge to use their personal discretion.

Heavy handed regimes like this can have a “chilling effect” on innovation and creativity because they create massive risks for anything that touches copyright, including new artistic works, and they remove public rights in favour of copyright (such as the effective removal of Fair Dealing under the proposed changes to DRM/TPMs).

What can you do?

Write: to your MP, Minister Amy Adams and Minister Steven Joyce to explain your concerns about the TPP, and in particular these points:

• the secrecy and lack of discussion documents being made public. Nations involved in ACTA were persuaded to release the discussion documents due to significant public complaint about the private nature of this negotiation, and the same may be possible with TPP;

• the extremist US proposal, “ACTA Plus”;

• the banning of parallel importing. New Zealand already suffers from the lack of access to legal content stores online. A further removal of our access to content will isolate us from participating in global culture;

• the issue of increasing DRM protectionism effectively removing public rights that we currently have under Fair Dealing laws.

Support us: we are a not-for-profit organisation running primarily on volunteer energy. Help us keep doing what we do by donating to the CFF.

Spread the word: tell your friends about this, either in person or through social media. Like the CFF Facebook page or follow us on Twitter. Use the hashtag #tppa on Twitter when talking about it.

Find out more about the TPP

Tech Liberty

NZ Rise

TV3 blog on the TPP

TPP Watch

Ministry of Foreign Affairs & Trade

A final word

(Creative Freedom Foundation)

Add a comment

Bookmark and Share

News

Broadband uptake exceeds ten per cent

18 Nov 2014 News
Connections to broadband have accelerated by nearly forty per cent over the past quarter as more households, businesses and schools... more

NZ steps up support for fight against Ebola

17 Nov 2014 News
New Zealand Government Health Minister Dr Jonathan Coleman and Foreign Minister Murray McCully have outlined further support from... more

Business

Extreme commute: From New Zealand to rural Iceland

18 Nov 2014 Business News
Every year, several dozen butchers make an epic commute - from provincial New Zealand to rural Iceland - for just two months' work.... more

A2 Milk to seek ASX listing, push into US market

18 Nov 2014 Business News
Article - BusinessDesk   A2 Milk to seek ASX listing, push into US market, renew sales into China By Fiona Rotherham Nov. 18 ... more

Living

Hawaiian Voyagers Return to Reaffirm their Link with Maori

17 Nov 2014 Lifestyle
WAITANGI, New Zealand – When intrepid Hokulea crewmembers first sailed to Aotearoa (New Zealand) 29 years ago using the ... more

Sir Edmund Hillary Scholarship team in Round the Bridges

14 Nov 2014 Lifestyle
A University of Waikato Sir Edmund Hillary Scholarship team is set to compete in this Sunday’s Round the Bridges. The team of... more

Property

More homes coming on board for Christchurch tenants

18 Nov 2014 Property
Social Housing Minister Paula Bennett is impressed with Housing New Zealand’s progress in building, redeveloping and repairing... more

New initiatives to improve tenancy services

17 Nov 2014 Property
Changes to the delivery of key tenancy services are set to streamline and speed up processes for landlords and tenants, Building and... more

Migration

Australians & New Zealanders should be free to live & work in UK

3 Nov 2014 Migration
Australians and New Zealanders should be granted special status to live and work in the United Kingdom without restriction, a new... more

New Zealand Named The Best Place For Raising Children

24 Oct 2014 Migration
New Zealand has been named the best place to raise a child in the Raising Children Abroad annual league table. According to the HSBC... more

Travel

NZ guest nights jump to a record in September on rise in international travelers

12 Nov 2014 Travel & Tourism By Tina Morrison
Nov. 12 (BusinessDesk) - New Zealand guest nights rose 1.1 percent to a record for a September month, driven by a rebound in ... more

Travel to NZ made easier for Indian business visitors

7 Nov 2014 Travel & Tourism
Associate Tourism Minister Paula Bennett and Immigration Minister Michael Woodhouse say Indian nationals travelling to New Zealand... more

Sport

NZ News UK pictorial: All Black's win over Scotland

18 Nov 2014 Rugby
NZ News UK's Tony Morrison was at Murrayfield Saturday 15 November with his camera.  Below are some of his photos of the action -... more

Less than two weeks left to register for TRYathlon

18 Nov 2014 Sport
Weetbix Tryathlon Less than two weeks left to register for the Sanitarium Weet-Bix Kids TRYathlon Valerie Adams and Anna Harrison ... more

Columns

Gordon Campbell on Australia scoring trade points with China

18 Nov 2014 Opinion By Gordon Campbell
  It hasn’t been a great year for Trade Minister Tim Groser. The Trans Pacific Partnership deal has been deadlocked all... more

Gordon Campbell on training efforts against fundamentalism

14 Nov 2014 Column
Column - Gordon Campbell   Gordon Campbell on our training efforts against fundamentalism by Gordon Campbell As New Zealand... more

Kiwi Success

New Ambassador to the Philippines announced

18 Nov 2014 Appointments
Foreign Minister Murray McCully has announced diplomat David Strachan as New Zealand’s new Ambassador to the... more

New High Commissioner to Malaysia

18 Nov 2014 Appointments
Foreign Minister Murray McCully has today named diplomat John Subritzky as New Zealand’s new High Commissioner to Malaysia, to... more

Recruitment

Smiths City starts CEO search after Hellings signals exit

12 Nov 2014 Recruitment
Article - BusinessDesk   Smiths City starts search for new CEO after Hellings signals exit By Paul McBeth Nov. 12 (BusinessDesk)... more

More than 600 take up 3K to Christchurch jobs

28 Oct 2014 Recruitment
Social Development Minister Anne Tolley says the Government’s 3K to Christchurch scheme is a winner with 633 unemployed people... more