Submission on the Copyright (Infringing File Sharing) Regulations 2011

The Copyright (Infringing File Sharing) Bill brought into law a new process for issuing fines and internet connection termination in response to alleged copyright infringements.

The Bill allowed for regulations that specified details of the infringement notices to be issues under the new law. In response to a discussion document on the regulations, the Foundation submitted that infringement notices must be made available to print-disabled people in a format which is accessible to them.

Full text of submission on the Copyright (Infringing File Sharing) Regulations 2011

Introduction

This is the Royal New Zealand Foundation of the Blind’s submission on the Copyright (Infringing File Sharing) Regulations 2011.

Royal New Zealand Foundation of the Blind

The Royal New Zealand Foundation of the Blind (the RNZFB) is New Zealand’s main provider of sight loss services to blind and partially sighted people. The RNZFB's vision is empowering and supporting blind and partially sighted New Zealanders to ensure that they have the same opportunities and choices as everyone else.

Copyright (Infringing File Sharing) Regulations

The RNZFB welcomes the opportunity to provide input to the Copyright (Infringing File Sharing) Regulations 2011 Discussion Document.

The RNZFB's concerns about the Discussion Document are the same as those expressed in its written and oral submissions on the Copyright (Infringing File Sharing) Amendment Bill. In summary:

  • The RNZFB fully supports the Bill's intention to protect the rights of copyright owners in relation to digital copies of their material, but considers that protecting copyright should not create additional barriers for blind and partially sighted New Zealanders.
  • Termination of internet access is a disproportionate remedy for copyright infringement which affects blind and partially people more than the general population.
  • Infringement notices must be made available to blind, partially sighted and other print-disabled people in a format which is accessible to them.

Accessible infringement notices

Copyright (Infringing File Sharing) Bill outlines an infringement notice procedure process whereby internet service providers (IPAPs) issue notices of alleged copyright infringement to account holders. The Bill provides that regulations may be made for 'the form, content, procedures, requirements and other matters related to infringement notices..."

There is currently no requirement in New Zealand law for IPAPs to communicate with blind and partially sighted customers in a format which is accessible to them, other than general provisions in the Human Rights Act (1993). The Act requires organisations including IPAPs to provide services without discrimination on the basis of disability, but provides exceptions where a person's disability requires services to "be provided in a special manner".

An infringement notice is a document of legal significance, and should be provided to the alleged infringer in a format which allows the individual to read and interpret the details independently and privately. For a blind or partially sighted person, this may require providing the notice in an accessible format such as accessible email, braille, audio or large print. Similarly, other print-disabled New Zealanders (as defined in section 69 of the Copyright Act) may require information to be provided in a format which meets their needs.

The Foundation submits that regulations should include a requirement for notices to be provided to print-disabled New Zealanders in their preferred accessible format.

Discussion Document questions

Q2: Are there any other possible implications if regulations are not made? Why do these arise?

If regulations do not prescribe the need for accessible infringement notices, it is unlikely that IPAPs would provide them. Notices would most likely be provided in print, which would not allow a print-disabled person to read and interpret the details independently and privately.

This is because it is cheaper for an IPAP to produce all notices in a single format which meets the majority of customers' needs, and there are no strong legal requirements for IPAPs to provide accessible formats.

Q9 Are the requirements in option one above adequate and why? What other requirements should be included, and why?

Requirements should include the need for notices to be provided in a format which the alleged infringer can read. For print-disabled people, this should be their preferred accessible format: accessible email, braille, audio or large print.

Further Information

The Foundation would welcome opportunities to provide more information if required. Please direct any questions to:

Moira Clunie
Insights, Policy & Advocacy Manager
Telephone: +64 9 355 6938
Email: mclunie@rnzfb.org.nz

Royal New Zealand Foundation of the Blind
Private Bag 99941
Newmarket
Auckland