Sponsor's Message

These changes are designed to bring this aging legislation more into line with the digital age and cover such things as format-shifting, copy protection etc.

To date, the recording industry's response has been decidedly negative, describing the legalisation of format-shifting as something akin to the end of the world for artists and music publishers.

However, it would appear that APRA at least, has resigned itself to the fact that format-shifting is a fait au compli.

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On National Radio last Sunday, Anthony Healy from APRA was interviewed on the subject of changing copyright laws and he made it very clear that the organisation expected government to impose some kind of media levy to compensate artists for the losses associated with format-shifting.

An audio copy of the interview can be found here (jump forward to about 37 minutes into the recording).

Now excuse me -- but what right does APRA have to ask regular computer users to top up its coffers by way of a media levy?

Surely the addition of a levy on every CDR or DVDR sold across the counter is implying that we are all intending to defraud the music industry of its entitlements by copying its wares. Yes, it seems that although they're resigned to the legalisation of format-shifting, they're still on this kick of treating all customers as criminals.

And exactly how do they link the sales of media to the issue of format shifting anyway?

Copying a store-bought CD to CDR is *not* format shifting per se. It's duplication, and even under the new law, I don't see that this is authorised.

Just about the only time I can see format shifting involving the use of recordable media is when someone copies a CD to a cassette tape (does anyone still use those things?) or copies a legally downloaded media file to CD. In the latter case, the right to copy is either provided or denied by the DRM on that file.

And speaking of DRM, listen to the first interview of that NatRad recording.

David Harvey has some *very* interesting stuff to say about the way DRM is changing the face of copyright. It seems that with the introduction of DRM -- and the illegality of defeating it or telling others how to do so, we're losing a lot of rights that were previously enshrined in law.

Fair use? Forget it - if the copyright owner wants to forbid you from exercising fair use they can simply implement DRM that prevents it.

It seems that, in this digital age, consumers will actually be entering into a contract with the copyright holder when they buy music, movies or whatever. The terms and conditions of that contract will be pretty much up to the copyright holder and your only option as a customer is to either accept them or simply not buy the product.

So, I wonder what government will do when APRA (and probably RIANZ) come knocking on their door demanding that they declare all music purchasers to be thieves and therefore people who should pay a levy on all recordable media.

I also found it interesting to note that the issue of copyright and recording artists has also produced a bit of a conflict over at the NZ Herald. The Herald sells copies of its pictures through the NewsPix website.

It would appear that some recording artists are pee'd off that the Herald is selling pictures taken of them without any compensation. Here's an example.

Yes Renee, who was also a vocal supporter of the "Burn and get Burnt" campaign, feels that she's so important that (unlike regular folks who also feature in NZ Herald pictures), she should have been asked and possibly compensated for the use of her image. Gosh, I wonder if this woman feels the same way?

What is it about the music industry that makes some of them so strange?

Tell us all and see what others have to say in The Aardvark Forums

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