New Zealand Copyright Law Affecting Libraries in the Information Age: the Responsibility of Libraries to Keep the Balance: How Far Should It Go?

Abstract

This paper considers the responsibility of libraries to maintain the balance between copyright owners’ protection and the public’s interest in using copyright materials in the digital age. The main argument is that is unjustifiable to have a far-reaching provision, such as the former section 92A of the Copyright Act or the proposal of its amendment, that provides for the termination of a library’s Internet access in case of repeat copyright infringement. This legal consequence applies due to the fact that the current definition of an Internet Service Provider does not distinguish between different kinds of ISP and that therefore, a library as a downstream ISP can be both, ISP and subscriber simultaneously. It is concluded that the termination of a library’s Internet access would create an imbalance and thus, overstretch libraries’ responsibility in the digital age. The best way forward, as advanced by this paper, is to exclude libraries as downstream ISPs from the legal consequence of termination. However, libraries should be obliged to introduce mechanisms of authentication regarding their users to enable the investigation of repeat copyright infringement within their institutions. This would do justice to both, the copyright owners’ and the public’s interest and thus, re-establish libraries’ responsibility to maintain the balance underlying copyright law in the digital age.