Gav's Blog

To the Honourable Simon Power
Minister of Justice and Commerce
s.power@ministers.govt.nz

Re: Copyright Act Section 92

As the Minister for both Commerce and Justice I would like you to consider an urgent review of the provisions of the new Copyright Act destined to become law on February 28.

1. From a justice perspective I feel this is a very poorly constructed legal mechanism as it allows consequences and actions to be taken without evidence. As it currently stands, the Telecommunication Carriers Forum Code of Practice has not been well received by the large copyright holders, and they are proposing alternative measures that allow all action with only a accusation, and little hard evidence. In addition, there is enough difference of opinion between the TCF Code and large copyright holders that there won’t be a resolved process in place by the 28th of February. As Justice Minister I believe you are in a good position to see this poorly formed Labour legislation repealed until such time a fairer and more robust solution can be developed.

2. As a photographer that makes some part time money selling microstock photography, this legislation gives me little to protect my works, as the proposed mechanisms are mostly designed to benefit large copyright holders, but not individuals and small businesses – those that make up the majority of New Zealand enterprise. As the Minister for Commerce, I believe that this legislation needs significant review to ensure that it is designed to support the small copyright holder MORE than the large copyright holders, as we are the ones that really need protection.

I hope that you will seriously consider the many flaws of the legislation as it stands, and do the right thing and ensure that it doesn’t go live on the 28th of February and become a significant embarrassment to your new Government, and indeed embarrass the country to the rest of the Internet-connection world.

Yours sincerely,

Gavin Treadgold