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Is this copyright infringement or not?

By Mauricio Freitas, in , posted: 13-Apr-2011 23:12

This is what Melissa Lee, National List MP sent out on her Twitter account, just a day before her comments during the parliamentary session discussing the Copyright (Infringing File Sharing) Amendment Bill:

"Ok. Shower... Reading ... And then bed! listening to a compilation a friend did for me of K Pop. Fab. Thanks Jay."

This just show that the concept of copyright is not well understood around. This is important, because the bill assumes an infringement notice is correct, and the accused is guilty by default. And if not even the MPs can clearly understand what is infringement and avoid it, how could we trust organisations with money interests to act in a truthful way after such a bill passes?

(1) In proceedings before the Tribunal, in relation to an infringement notice, it is presumed:
(a) that each incidence of file sharing identified in the notice constituted an infringement of the right owner's copyright in the work identified;
(b) that the information recorded in the infringement notice is correct;
(c) that the infringement notice was issued in accordance with this Act.
(2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice.
(3) If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that, in relation to the relevant infringement or notice, the particular presumption or presumptions are correct.

UPDATE: in a later tweet we read "lol. Does it count if the friend is the composer?"

Good question. It would also be interesting to know if those files were transferred over the Internet, or were moved from one storage device to another directly. Did said friend provide evidence of transferring ownership rights?

UPDATE: As noted by some readers, even if the composer is a friend, there are copyright in place for other pieces of the work  such as performer, publisher, etc.

UPDATE: Melissa Lee told the New Zealand Herald all songs on the compilation had been legally downloaded and paid for. But the copyright law allows format shift only for members of the same household. Does her friend live with her? If not, did her friend received permission to distribute copies of this content?



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Mauricio Freitas
Wellington
New Zealand


I live in New Zealand and my interests include mobile devices, good books, movies and food of course! 

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