The National Business Review has set a precedent that could benefit all commercial media in New Zealand after the online publication secured settlements from three leading businesses for copyright breaches.
NBR was one of the first media outlets in the country to introduce a paywall 16 years ago and, in 2021, stopped accepting any advertising. It also does not take any government funding and is the country’s leading independent business outlet.
Earlier this year, NBR began investigating several large businesses that appeared to be breaching NBR’s copyright and subscription terms and conditions by sharing small numbers of subscriptions widely among their staff.
Following those investigations, NBR last week secured settlements from two leading fund managers and one national law firm. Each firm paid legal costs and agreed to buy the appropriate number of subscriptions.
The exact terms of those settlements, including the names of the firms, is confidential.
NBR co-owner and publisher Todd Scott said the settlements set an important precedent for New Zealand businesses and the media industry. Each case would have otherwise been taken to court, but Scott said the settlements – led by Couch Harlowe Kovacevich partner Aaron Harlowe as legal adviser – were the most pragmatic response.
NBR co-owners Todd and Jackie Scott.
“In taking this action, NBR sought to make clear that sharing subscriptions is equivalent to stealing the content our award-winning newsroom brings to our valued member subscribers every week,” Scott said. “Each of the firms we have settled with should have known better and would rightfully take the same action against us if we stole their services.”
In conjunction with the settlements, NBR has also disabled the ability for subscribers to copy, print, or save articles to PDF – another practice it understands is prevalent at many New Zealand businesses to get around media paywalls.
“Following a couple of years in which several high-profile media businesses have folded in this country, New Zealand business and government departments need to ensure they are backing the industry appropriately,” Scott said. “We hold the powerful to account, and too many have taken the media’s vital role in democracy for granted.”
NBR has several subscription tiers, including packages for group subscribers – and for the past two years has offered all university students free premium access to its site.
Given the success of the forensic and pragmatic legal process taken, NBR will continue to monitor for breaches of its terms of use and copyright and as part of this is developing more sophisticated systems to catch out those who decide to breach NBR’s terms and copyright.
