Maybe, but not for now. InternetNZ sought an official statement on this matter from the Ministry of Economic Development on this subject and was informed that the intention of the Copyright (Infringing File Sharing) Amendment Act 2011 is to quell infringement occurring over peer-to-peer (“P2P”) protocols and networks like bittorrent or gnutella. This does not include video or music streaming, ripping videos from YouTube, or online file lockers.

It is quite specific because it only applies to infringing material which is uploaded or downloaded via file sharing applications or networks.

There are two concepts there – first, the material has to be infringing. The wording of the law describes infringement as;

“an incidence of file sharing that involves the infringement of copyright in a work by a user”

Copyright describes a set of exclusive rights that are given to owners in relation to their creations. Here in New Zealand, copyright is an automatic right, which doesn’t need to be registered by the owner, it exist as soon as something is created, performed or published, as long as the work is original, and comes under one of the qualifying categories;

• literary works including text like emails, training manuals, novels and song lyrics; tables and compilations including multimedia works, and computer programs
• dramatic works including dance, mime and film scenarios or scripts
• musical works including the score and sheet music
• artistic works including paintings, drawings, diagrams, maps, models, photographs and sculptures
• sound recordings separate to the actual music or story
• films for any genre or format, separate from the underlying script, music or broadcast
• communication works including radio and television broadcasts and internet webcasts
• typographical arrangements of published editions

The copyright owner has the exclusive right to copy, play, share , distribute or adapt that work, or to permit anyone else to do it.

If anyone else copy’s shares or distributes a copyright protected work, without the permission of the copyright holder, then they are infringing on the owners copyright.

There are some exceptions to this, such as limited copying of documents for use in a Library, or the copying of a work for its translation into Braille, or where the sound recording is for personal use (sometimes called format shifting)

Secondly, that infringing material has to be file shared. In the law, file sharing is defined as:

“where—
“(a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and
“(b) uploading and downloading may, but need not, occur at the same time”

The target here is primarily p2p, something which allows multiple people to share a file over the internet at the same time. When you upload or download an infringing file (a piece of music, a film, a piece of software or a book for example) using that sort of network or application, then you are caught under this legislation.

Not all file sharing is illegal. If you create original work, and choose to share it across the internet, then you are not breaking the law. Creative commons provides a system of open licensing which allows individuals to protect their copyright while allowing the free exchange of their work. You can find out more about New Zealand’s Creative Commons licensing by visiting their website at http://www.creativecommons.org.nz/

Today, copyright lasts 50 years. In some countries it lasts much longer. More importantly,
copyright today exists in many more “works” – as the law calls them – than just books. Pretty much anything printed or capable of being shown on a screen, played out on a stage, seen in a gallery or heard on the radio can be copyrighted. Computer programs like Microsoft Office can be copyrighted. Video games can be copyrighted. What can’t be copyrighted? Inventions – that’s what “patents” do, or phrases or logos used in commerce – that’s what “trademarks” do.

Who owns a copyright? The “author” of the “work” – as the law calls them – for example the composer of the song, the painter of the painting or the author of the book. But the author can sell or trade his or her copyright to another. For example, the record label that fronts money to produce an album with an artist will have an agreement with that artist — the label gets the artist’s copyright and, in exchange, the artist receives royalty payments. Movie studios have these agreements with everyone involved in making the movie.

There are differing explanations for why copyright exists, but everyone agrees that unauthorized copying has become easier than ever with digital technology. For example, in the 1980s you could copy a song on a cassette tape onto another cassette tape. But you’d have to buy a blank cassette tape and find the right machine to make the copy. Plus, the sound quality wouldn’t be that great. Now you can make a perfect copy of a song in an mp3 file with the click of a mouse and immediately share it with someone on the other side of the planet.

While this technology has many benefits, it also makes it more difficult for copyright owners to enforce their copyrights. The copyright amendments were made for this reason – to give copyright owners a easier way to stop others from copying their works – movies, music, computer programs, video games, etc – through filesharing over peer to peer networks.

File sharing

A method of sharing digital information such as music and video over the internet.

Wi-fi

A computer networking technology that allows data to be transmitted over radio waves so you don’t need to connect two devices with a cable.

Wi-fi Protected Access (WPA) passwords

A Wi-Fi security standard that was designed as an improvement to WEP (wired equivalent privacy).

Peer-to-peer (P2P) networks or software

A system that allows people to share large music or videos files. Users can simultaneously swap large files using these systems. Examples of P2P systems include Napster and BitTorrent.

IP address

A unique number that identifies a PC when it’s connected to the internet.

Firewall

Software (or hardware) that blocks unwanted communication from, and often to, the internet.

Anti-virus software

Software that sits on your computer and scans, and then removes, viruses from your PC.

ISP

Standing for internet service provider, this is the company that enables and services your internet connection.

You can find out more about NetSafe at www.netsafe.org.nz and about InternetNZ at www.internetnz.net.nz.

• If you only use cable connections to your broadband modem, you should be reasonably secure.  Follow the NetBasics to make sure your computer has a firewall, an up to date virus scanner and so on.
• If you have a wireless router letting you use Internet around your house, make sure it has a password installed and use the highest standard of wireless security your computer or other devices can use. You can find out more about wireless security <HERE>.