This week the New Zealand Government rushed through its controversial 3 strikes-style law as part of Christchurch earthquake emergency legislation. This means that after being ‘suspected’ of sharing copyrighted material online three times, people may be fined and lose their Internet access for six months.
The legislation was brought up again quite unexpectedly this week, despite massive opposition and public outrage that delayed it last year. But this time around there was little room for protest, as it was just a matter of hours before the Bill passed.
As is often the case when politicians decide on copyright-related matters, their very own actions with regard to copyright are being carefully scrutinized. This can lead to awkward situations, something Member of Parliament Melissa Lee found out herself this week.
Just hours before giving a speech in support of the three-strikes law which is supposed to protect the copyright holders, she sent out the following tweet:
So, while Lee was condemning today’s youth and their lack of respect for copyright, she more than likely infringed on the rights of several K-Pop musicians. After all, making a music compilation and handing it over to a friend is not allowed under New Zealand’s copyright law.
Surprised by the call-out, Lee defended herself by saying that the songs were downloaded legally and paid for. But unfortunately for her that doesn’t mean much. As the National Business Review points out, when a friend makes a copy of songs that were legally bought, the recipient of the ‘gift’ is still guilty of copyright infringement.
So it appears that Lee got her first strike already, and since the burden of proof is on the alleged infringer under the new legislation, it’s up to her to prove that she’s innocent. That’s only fair, right?
Although it’s easy to call Lee’s mistake out as hypocrisy, it might be even worse than that. What if she truly believes that copying a legally bought song for a friend is okay? That would mean that even legislators who vote on copyright legislation don’t fully grasp what they’re doing.
In her speech Lee said that it’s perfectly legal to share a DVD or music album with a friend. But does she know that it’s not that straightforward? The laws she helped to pass state that people can’t share a legally bought MP3 with someone, unless they share the entire device it is bought on.
Back to copyright school we say!