Yes, I want a list of links. And obviously I could have one, but I don't as of yet. So I want you to imagine that I do. Now stop it, and click on this link. Or don't, and imagine you did. Radio station offers listeners free sex. Ratings ratings ratings, way to get some ratings.
Also, I agree with Chris Barton of the Herald, that the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Bill 2002 is bollocks. I can legally buy a DVD and import it to NZ, but a company such as Real Groovy is so as to allow:
...the film distribution industry a period of protection to allow for the orderly release of films, videos and DVDs ... It aims to ensure that New Zealand picture theatres, particularly in rural and small communities, can continue to offer a wide range of film titles to New Zealand audiences.
Or so said Associate Minister of Commerce Judith Tizard in her First Reading of the Act in April.
In her speech, she stated that:
Mr Speaker, this Bill amends the Copyright Act 1994. It gives effect to the government’s commitment... to strongly support our professional, performing artists, and to nurture much stronger music, publishing and film industries. (emphasis mine)We believe that New Zealand, as a small country in a globalising world, has to work hard to maintain and develop its own cultural identity.
We also believe that our creative industries have much to contribute to our economy, to job growth, and to the promotion of our country. (all emphasis mine)
Now I'm all for protecting and nuturing NZ talent (to a point), but I really really don't see how banning the importation of DVDs for resale in NZ is going to protect Kiwi work. Hello? We can't import NZ films into NZ? Righto, that should really help us to "maintain and develop our culture." No, no it won't. Yes, I know that some NZ films (actually it may well be most or all) are released overseas prior to NZ (Whale Rider for example) but I don't see how being able to import them for sale will in anyway harm the producers of the content. Remember, this is not piracy we are talking about, the content producers STILL GET ROYALTIES on the sales of these products, regardless where the product is paid for by the end user.
The associate minister goes on in that speech to say that:
It appeared that parallel importing might be harming the orderly and cost-effective distribution of motion picture films. And not only do the people who put a huge investment of money and time into the release of films have the right to decide when to release them, they are entitled because it’s their property. (again with my emphasis)
If you say so lady. Now I won't even bother with my normal diatribe against people having "rights" because it is a political speech, and I'll leave it be. Instead I will simply disagree with her.
They are entitled to choose when they will release their product? Huh? Why? Yes they are entitled to do that, but once, and only once. The first time they do it, yes they can have all the control in the world. They can even decide not to release it, and I'm OK with that. BUT.
If they do release it in say the (most likely) USA then I really don't see what "right," or entitlement to choose when other people wil.l have access to it. If I release my opus in America in January, what entitlement do I have to decide that NZ won't have it, till December? Sure I can ask my publisher not to release it (or more likely they will decide for me) and that is fine, as it is MY property. But, if some Cunning Weasel in NZ decides to buy it in the USA (where it is legally, and legitimatly for sale) and then ship it to NZ for sale, how the hell have I got any "entitlement" to say NO, you cannot sell that, it is MY property. No it isn't. I Cunning Weasel bought it in the USA, and now it is my property, and I can sell it to whoever the hell I wan't. Because that is the way things work. It was your property, once. But now it is mine, and I'll sell it, and you'll like it.
This is even assuming that I decide that NZ will ever get to see my Opus, I might decide not to release it here, and so it would never arrive. Huh? Sucks to that. (Although, the law would OK it nine months after "international release," but I don't really know what qualifies as "international release," presumably not merely initial release, but some kind of super release that internationalises itself, or its product.
(Do I get any laughs for use of Opus? I deserve some)
Recently TV3 informed me that NZer's go to many many movies (per capita) and it is rising, even though ticket prices are also rising, and so I say MUHHHH. To discussion about theatres going out of business. Also, even if some small town theatres are closing....
So what. Unlucky. MOVE ALONG. A new technology (DVD) has come along, and many many people like it. It is kicking the arse of VHS in terms of speed of uptake, and distribution, and it is the "way of the future." Legislating against technology is rubbish. (Read my thesis (hah)) I wouldn't even think it would work. If people want to go and see films in theatres they will, if they don't, they won't. This law seems unlikely to have a huge impact, especially as they delay between internaitonal release and NZ release is often nearing nine months anyway. (See previous rant on 28 Days Later..., that took forever.)
So, this law is dumb.
Finally, look at the "onus of proof" section of the title of this new law. The law has changed the rules for onus of proof onto the defendant in piracy accusations. If you are importing a DVD (for commercial purposes, individuals are OK) then YOU now have to prove that your product is not a pirated copy. The law makes "Changes to the onus of proof will include a presumption that suspected imported goods are pirated, unless the defendant proves otherwise..." Judith Tizard (quoted in the NBR) Proving this would seem, in my mind to be difficult.
Also, surely the most likely people to import pirated copies are individuals, just like the people that buy $1 CDs in Thailand. I don't imagine I'd see Blockbuster importing pirates, so who does this really stop.
And stopping individuals is hard. - See RIAA v MP3. (forthcoming, me)
Enough.
Posted by luther at November 14, 2003 02:41 PM | TrackBack