We got a new copyright act in New Zealand late last year - any regular reader of my blog will already know this.

Amongst the many changes, the new copyright act finally allowed "format shifting" - for example copying your music from your CD collection into your ipod.

However, this was limited to sound recordings only. - You cannot copy that movie or tv show you have recorded into your ipod.

Here's a quote from NZ's Ministry of Economic Development FAQ explaining exactly that:

Why is there a format shifting provision and why is it limited to sound recordings?

The new format shifting provision responds to the concern that people want to transfer music they have legitimately bought onto different devices to take advantage of new technology. It also recognises this has been common practice for a long time.

The markets for audio visual works and music are evolving, they are different. There are numerous business models for audiovisual works that do not apply to music. Theatrical release, commercial rental (both physical and online models), free-to-air TV and pay TV do not have counterparts of any significant extent for music. It is also unlikely that consumption of audio visual works "on the move" using mp3 players and the like will ever be as ubiquitous as for music. It is not, therefore, possible to simply apply the conclusions reached about music to audio visual works.

So, it is perplexing that there are adverts for Tivo in New Zealand saying the exact opposite -- they say you can copy the tv shows you recorded into your ipod - and while true you physically can, you'd need to acquire permission from every copyright holder -- so you'd need hunt down whoever owns the rights to the TV show and gain permission.

It also calls into question the statement that made only last October that: "It is also unlikely that consumption of audio visual works "on the move" using mp3 players and the like will ever be as ubiquitous as for music" --- just what planet are our lawmakers from?

see also: ubiquitous format shifting - Why just sound?