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New Zealand Government Proposes Legal CD Copying

by Mary Swire, for LawAndTax-News.com, Hong Kong

25 March 2004

Proposals introduced by the New Zealand government which would permit citizens to copy music for their own private use if they own the original CD, have been condemned by the New Zealand music industry.

The 'fair use' clause which the authorities in New Zealand are seeking to introduce to the 1994 Copyright Act would also permit consumers to "format shift" from CD to MP3 without infringing copyright.

Following its approval by the Cabinet, and dependent on the outcome of several select committee hearings, the amended law could come into force as early as the middle of this year.

Speaking to the national media this week, managing director of Sony's New Zealand operation, Michael Gladling expressed outrage at the decision, arguing that:

"At the end of the day, you're sending a message that it's okay to copy, and that is going to kill our business. It's taking away people's rights to earn a living, and that's horrendous."

He went on to accuse the government of inconsistency, observing that:

"They're not saying it's okay to copy Lord of the Rings from one DVD to another, but it's okay to copy Brooke Fraser from one CD to another. It's farcical."

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