Copyright Penalties For Internet and Movie Piracy

Are individuals breaking the law if they purchase or are found in possession of pirate copies?

Under the Copyright Act, if in the course of business you have in your possession unauthorised copies of films or you offer to sell unauthorised copies of films, you are breaking the law and may be prosecuted.

Anyone who commits an offence under the Act faces up to five years imprisonment or a fine of up to $10,000 for every infringing copy to which the offence relates, but not exceeding $150,000 in respect of the same transaction. Reparation may also be ordered where the offence involves the making of a profit or gain".


What maximum penalties do consumers face for purchasing illegal DVDs?

Anyone who commits an offence under the Act faces up to five years imprisonment or a fine of up to $10,000 for every infringing copy to which the offence relates, but not exceeding $150,000 in respect of the same transaction. Reparation may also be ordered where the offence involves the making of a profit or gain".

Individuals can best help by not supporting this criminal activity in any way. Most obviously, do not buy pirate copies of films, and report suspected copyright theft to the NZFACT free call number on 0800 Copyright (0800 267-9744) or email via www.stopmoviepiracy.co.nz

How much does piracy cost the industry in New Zealand?

The film industry's estimated loss to piracy was $70 million in 2005, which represents nearly half of the national box office in that year and an estimated 25% of the legitimate market overall.

This includes the illegal downloading and distribution of films. This figure is extrapolated from an independent report commissioned by Motion Picture Association.

How fast is DVD piracy growing in New Zealand?

The distribution of unauthorised copies of movies including film, video and DVD rose from 4% in 2000 to around 25% of the legitimate market in 2005. This percentage includes illegal downloading of movies.

DVD-R technology has fast-promoted local DVD burning as the preferred method of piracy - to around 80% of illegal discs seized at the end of 2004.

Weekend markets and swap meets are the main sales channel for pirates, with schools, pubs, workplaces, door-to-door sales, and trader magazine and Internet auction sites also used.

Yet while the import and local replication of pirate DVDs are currently the most common manifestations of movie piracy in New Zealand, with the rapid penetration of broadband access, piracy via the Internet is expected to become the dominant piracy threat in the very near future.

Downloading films from the internet via Peer To Peer networks is considered movie piracy in which authorities can enforce the maximum copyright penalties possible.