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NZARC Blog

The New Zealand Association Resource Centre Trust (NZARC) blog is a place for board members, partner organisations, and subscribers to contribute articles and discuss issues of relevance to the non-profit sector. Contributions are welcome and encouraged.

New Copyright Act

Thursday, September 29, 2011

Commerce Minister Simon Power drove through the Copyright Bill a few months ago. It gets enacted on 1 September, but as of now (today) illegal filesharing will count towards penalties. Labour supported it in order to keep the termination clause inactive.

InternetNZ (Internet New Zealand Inc) has launched a new website 3strikes.net.nz to help people and organisations get ready for the new copyright law

What’s the new law about?

The law is called the Copyright (Infringing File Sharing) Amendment Act 2011. It amends the Copyright Act 1994 to provide owners of copyrighted works such as movies, TV shows and music a quicker and easier way to penalise people infringing their copyright via online file sharing. The intention of the law changes is to crack down on peer-to-peer file sharing.

You get 2 notices (warnings) and then, following the 3rd notice, the copyright owner can take you to the Copyright Tribunal. Depending upon circumstances, generally the minimum penalty is $275 and maximum $15,000, payable to the copyright owner.

The person who owns the Internet account (account holder) is liable, even if he or she wasn’t the person who broke the law. Allegations of copyright infringement made against you (the account holder) by the copyright owner are presumed to be correct unless you give evidence or reasons why you aren’t guilty.

When does the new law start?

The law comes into force on 1 September 2011.

However, notices can be sent for alleged infringements occurring in the 21 days before the notice. Therefore, allegations of infringements from 11 August 2011 onwards count under the new law.

What’s covered by the law changes?

Only online file sharing that infringes copyright. “File sharing” is defined by the new law as:
  • material uploaded or downloaded from the Internet (and) using an application or network that enables the simultaneous sharing of material between multiple users.
  • Anything that doesn't meet both parts of this definition is not covered by the new law.
The intention of the law changes is to crack down on peer-to-peer file sharing (see details in InternetNZ press release). This means using peer-to-peer protocols like Gnutella and BitTorrent with peer-to-peer software like uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze.

While the intention of the law changes is to target peer-to-peer infringing file sharing alone, the definitive word on what’s covered and what’s not will depend upon decisions of the Copyright Tribunal and Courts if the scope of the law is ever tested.

Remove unneeded P2P software

Peer-to-peer (P2P) software is used to exchange (download and upload) files between people. P2P allows users to download files such as music, movies, and games using a file sharing software client that searches for other connected computers (called ‘peers’). Similarly, other computers on the Internet are able to search for files on your computer.

Examples of P2P software includes uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze. There are many others and the list keeps changing.

Having P2P software is legal and can be used for many legal file exchanges. However, you need to keep in mind that the new law specifically targets P2P (see details in InternetNZ press release). Unless you are an advanced Internet user, can manage the risks, and use P2P for legitimate purposes, the law changes makes P2P too risky for most people. Remove all P2P software from your computer. Make sure you remove it completely, including any directories and files associated with the software. This step on its own will hugely reduce your risks from the new law. If you’re an advanced Internet user and decide to continue using P2P, you must understand the risks and take sensible steps to manage them.

Recognise the seriousness and resources of copyright owners

Many copyright owners take detection and prosecution of copyright infringement very seriously. Some like the Motion Picture Association or the Recording Industry Association of America have significant resources and determination to go after infringers. If anything, they can be overzealous so don’t underestimate the seriousness of the new law.

There are many ways that copyright owners detect infringement of their work. Sophisticated technologies include digital fingerprinting/watermarking, automated webcrawlers, and countermeasures.

Three common detection methods used are:
  1. Using law enforcement and court action internationally to obtain lists of IP addresses of people infringing their copyright
  2. Setting up fake websites to lure unsuspecting people
  3. Using third party expert services such as Bay TSP, Peer Media Technologies, and Copyright Enforcement Group
By Jenny Kirk

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Retaining and Attracting new members

Thursday, September 15, 2011
As we see changes in global industries, we can’t possibly think we are immune from the way our members look to us for advice, guidance and information to assist them navigate the tough times. We are only too keenly aware that some associations are striving to retain and attract new members. 

We thought an article recently written by Gregory Bondar in the August 2011 Third Sector magazine had some very practical advice. He identified five forces that he believes will be important considerations over the next decade shaping how an organisation will see threats and opportunities.

His top five potentially disruptive forces are:

  • Technology – how will this impact upon your membership base?
  • Institutional restructuring – how are you reviewing your aims objectives and constitutions?
  • Demographic changes – how are you aligning what you offer with younger potential constituents?
  • Changes in the environment – responding to swiftly changing compliance and legislative issues?
  • Shifting societal values – how do you respond to the needs of member segments with differing needs?

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How you manage human resources – what you told us.

Thursday, September 15, 2011
In August you may recall we sought respondents to a survey about human resources practices in the non-profit sector.

With a response that exceeded our expectations we can share the summary findings of this research. The areas where respondents felt they most needed assistance will also guide us to what content we investigate for our upcoming HR conference which will be held around mid-June 2012. Over the next couple of months we will explore some of these areas in a little more detail.

  • Although having an attractive employment proposition can sometimes prove tricky, NFPs are able to attract people with the right attitude and appropriate fit for their organisation.
  • NFP organisations surveyed tend not to use assessments as part of their selection processes. And, those that did i.e. competencies, structured interviews etc. found a better ‘people’ fit.
  • When inducting a new staff member or volunteer, clear role descriptions and social support were used by those who considered their induction process to be effective.
  • Most organisations surveyed thought employment law was a clear strength, with alignment to employment relations, human rights act, privacy act etc.
  • Most respondents agreed they work towards a common goal, keeping employees engaged and informed through team meetings, promoting a high level of commitment
  • NFPs value leadership, learning and development, encouraging stakeholders in all areas of their organisations, however it would appear tools are not well used for ongoing assessment
  • Although NFPs consider themselves good at ‘rewarding’ good performance, it would appear that those who contribute the most are not rewarded any more highly
  • Respondents thought they had good clarity around values, mission and strategic goals, however there appears to be an opportunity for board members to provide better direction for the organisations.

We still have a bit of analysis to complete and a full breakdown will be available on our website soon. If you would like any further information about this survey please call Rosemary Mahoney in the first instance. Ph: 09 4190042

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Is your constitution registered and up to date?

Thursday, September 15, 2011
There’s one sure way to risk the integrity of an association/charity and that is not to register the constitution or trust deed. As the founding document, and the basis for all compliance decisions, it is critical that your document is registered! It defines who you are, how you operate, who your constituents are and your organisation’s rules and regulations.

We have witnessed a situation recently where an association spent a lot of time and energy ‘overhauling’ their most recent constitution, only then to find out it was not even registered in the first place. The association was acting ‘ultra vires’ – this means:
  • All their decisions, having been based on the most recent constitution were in fact beyond their authority
  • Any decisions could be challenged, leaving the organisation vulnerable to potential legal actions by employees or other parties

The outcome was that members became polarised by the possibilities of two different constitutions, it created a lack of confidence in the Executive Committee and caused a number of member resignations. It meant the Association had some serious ‘fire-fighting’ to do – distracting it from its core activity.

We strongly suggest you ensure your constitution/trust deed is registered and that its contents meet the needs of your association or charity.


Or email Colette on colette@associations.org.nz for more information.


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Corporate Social Responsibility – what’s the return on investment?

Thursday, September 15, 2011
The concept of corporate social responsibility (CSR) can find its roots right back in the late 60s and early 70s. CSR embraces an organisation’s actions and outcomes and how these impact upon its employees, key stakeholders, the environment, consumers and communities.

There are arguments for and against a company having a focus on CSR, however there are opportunities from a number of aspects. If a company chose to embrace CSR, there are ways in which they could approach this without distracting from core activities.

As reported recently in Corporate Secretary, another way of looking at this is by redefining it as Environmental, Social and Governance (ESG) – this defines the basic areas that are affected.

Taking that further - the opportunity for a company and a non-profit organisation is to partner up, finding common ground where they can assist each other to gain return on investment. Social partnerships between business and non-profits can be seen as important new strategies which could bring significant benefits to wider stakeholders

There are already great examples of this working effectively in more high profile partnerships, for example:

These opportunities need not be just for the high-profile, larger operators. A smaller non-profit with a good sense of organisational self can realistically partner with a business that has a good ‘fit’ – creating a win-win for both parties. For more information please contact Rosemary Mahoney Ph: 09 419 0042.

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