Librarians up in arms over controversial copyright law

It’s not just ISPs protesting against section 92A of the Copyright Act – libraries are concerned they could have their internet access shut down due to rogue users.

The Library and Information Association of New Zealand Aotearoa (LIANZA) represents 460 public, educational, commercial, industrial, legal and government libraries in New Zealand.

The association has issued a statement strongly criticising the new law, which will come into effect on February 28 after Attorney General Chris Finlayson declined to delay its implementation.

According to LIANZA, there are three major issues with the law that may cause problems for libraries.

The first concern LIANZA has relates to what it calls the extremely wide definition of internet service provider that could be interpreted under the act.

“As written, every person or organisation that has a website is an ISP, as is every library, school, educational institution, association, government department, company, business and office that provides Internet access to its users or to its staff,” it says.

The second concern for LIANZA is that organisations may have their internet connection terminated over accusations of law breaches, without the allegations being proven.

This is “a reversal of a key principle of New Zealand law; that a person (or organisation) is deemed innocent until proved guilty”, according to LIANZA.

Finally, LIANZA is concerned about the requirement for ISPs to terminate the accounts of repeat infringers.

It says this could see libraries having their internet access shut off if individual users breach copyright law while using library computers.

And it says that if the library provides internet access through a parent organisation such as a city council, the law as worded requires the ISP to terminate the entire organisation’s access as well.

Tony Millett, Member of LIANZA’s Copyright Taskforce said “libraries are strong supporters of copyright law, and take great care to ensure that their websites do not contain any materials that are in breach of copyright.

“However, libraries can not accept that their entire internet access, and the internet access of their councils or parent entities, could be shut down because of the illegal actions of a single library user.”