Abstract: NZ Qualifications Authority, NZQA "legally" stole intellectual property & used it in NZ school national exams, without copyright owners' consents. NZQA then claimed copyright ownership of the national exam questions & passed exam papers to ESA Publications, which fenced NZQA stolen intellectual property in Workbooks, sold for profit by ESA Publications.
As a SA trained & very experienced biology teacher, I was disgusted to learn NZQA thought it was perfectly alright to steal copyright biology material from NZ & overseas copyright owners, by using vague wording in NZ copyright law to engage in copyright theft.
NZQA didn't feel it had to ask copyright owners for permission to use copyright material in national biology exams, as the copyright owners may spill the beans about exam questions. That rationale for NZQA copyright theft was insulting & outrageous.
Thus copyright material was stolen by NZQA examiners, moderated by NZQA moderators, used in secret by NZQA - printed in national exam papers, used by students in national exams, marked by NZQA examiners, checked by NZQA moderators & drooled over by teacher invigilators throughout NZ. Without knowledge nor permission from copyright owners.
Post national exams, without contacting copyright owners, NZQA published the exam paper on the internet, with stolen sources given, but images not published. Never mind the hordes of NZQA typists, managers & executives who were paid by NZ taxpayers to perpetuate copyright theft.
Adding insult to copyright owner injury, NZQA then secretly gave collections of NZQA exam papers, riddled with copyright thefts, to ESA Publications to publish stolen copyright material in Workbook form to be retailed in bookshops.
NZQA, like Pontius Pirate, then washed its sticky hands of the stolen copyright material, allowing the copyright owner, if ever contacted by ESA Publications, to be co-opted by ESA Publications into being an accessory to the theft of the owners' own copyright material, by agreeing to publication of the copyright material in ESA Publications. Absurd but true!
I found out that my copyright Hebe odorata photo, stolen from my Mt Richardson blog post, had been stolen by NZQA for use in the 2011 NCEA, Biology level 3 exam, when an ESA Publications minion emailed me, asking permission to use my Hebe odorata photo in their forthcoming Workbook publication for students & teachers to do exam revision. ESA Publications initially didn't even offer payment for use of my copyright photo.
What a scam!
The following correspondence gave an idea how NZQA copyright scam worked:
03.04.12. ESA Publications minion email:
"I'd like permission please to reproduce Photo which appeared in the NZQA Level 3 NCEA exam in 2011.
A photograph of the Hebe odorata, shrubby plant with small leathery leaves for which the source is given at http://wozawanderer.blogspot.com/2010/02/mt-richardson-beech-forest.html
The photo would appear as it is in the exam, black and white, on Page 61 of our book, AME NCEA Level 3 Biology Workbook as attached.
We will print about 2,000 of these workbooks which retails at $24.95 GST inc. and which are used for exam revision and practice for the end of year NCEA exams.
We do not need an original image as we scan directly from an original exam paper.
ESA are happy to acknowledgement any permission given.
Look forward to hearing from you.
Punctuation & expression errors were ESA minion's. Insulting!
08.04.12. My email to ESA Publications minion:
"Unacceptable use of my Hebe odorata photo.
I am a trained & very experienced biology teacher.
You have not identified "We." At the moment, I do not give permission for use of my Hebe odorata photo, as described by you, in any form or storage.
Without my permission, NCEA [sic NZQA] use of my Hebe odorata photo in the 2011 NCEA Biology [Level] 3 exam is / was unacceptable.
NCEA [sic NZQA] did not ask permission for use of my Hebe odorata photo in the 2011 NCEA Level 3 Biology exam. Your email is the first I have heard of my photo appropriation. That amounts to theft of my intellectual property, as many people obviously benefited from my work, without my permission. The least that can be done is an offer of remuneration for use of my Hebe odorata photo in the 2011 NCEA Level 3 Biology exam.
1. 2011 NCEA Level 3 Biology Exam: Please supply a contact person & address for me to follow up the NCEA [sic NZQA] photo use of my intellectual property & remuneration thereof in the 2011 NCEA Level 3 Biology exam.
2. NCEA Level 3 Biology Workbook Pg 61: As I go to a lot of trouble & personal expense, also hazard, in taking pics, I expect remuneration to be offered, especially as the photo will be used for education purposes, by 1000s of people, to benefit publisher, teachers & students for many years.
To be fair & not exploitative, please make an offer of remuneration for publication use of my Hebe odorata photo, as described by you. Once a remuneration offer is made, I will reconsider use of my intellectual property for the NCEA Level 3 Biology Workbook, Pg 61.
10.04.12. ESA Publications minion email:
"Thanks for your message.
Under the Copyright Act, NZQA as the national examining authority are able to take [WTF!] images such as yours without notification/asking you and with no fee payable so long as they use the photo for the purposes of a national exam such as NCEA which they did.
ESA are now wanting to reproduce the exam question for which we have permission and would prefer (though it is not essential) to reproduce your photo to go with the question and to do this we need copyright clearance from you unlike NZQA. [Copyright owner being co-opted into agreeing to theft of their own intellectual property!]
We offer, you the typical, well established fee for use of your photo which is $40 (+ GST if appropriate). [Disgusting! I had to ask].
Please advise if that is acceptable.
I do not know who you would approach at NZQA but the starting point is presumably their website at http://www.nzqa.govt.nz/ [Just follow orders. Desk thief huh?]
10.04.12. My email to ESA Publications minion:
"Your words & risible offer are unacceptable & outrageous. What a scam!
You email a fait accompli, without the courtesy of anyone asking me, nor telling me NZQA & national examining authority would use my Hebe odorata photo for the 2011 Biology Level 3 national exam.
All of my Woza Wanderer blog posts have my email address on top & Copyright warning below, ignored by you & NZQA! There was absolutely no excuse for you nor NZQA not to contact me about use of my intellectual property for the 2011 Biology Level 3 exam. The sneaky manner in which my photo was used is an indictment of NZQA & national examining authority.
That amounts to copyright infringement. Your condonation of NZQA theft of my intellectual property is sickening. You say it's OK for NZQA national examining authority to steal my intellectual property, by law, for use in an exam, then after I ask for remuneration for your Workbook use, you offer $ 40 for use of my photo in a 2000 Workbook print run, after NZQA examiners, teachers & students have already benefited & used my intellectual property, without my consent. You add insult to injury!
What NZQA, NZ national exam authority & you are doing is morally wrong & stinks to hell!
You certainly DO NOT HAVE PERMISSION TO USE ANY OF MY BLOG PHOTOS FOR ESA WORKBOOKS AS PROPOSED.
When next you are ripped off, remember your slimy, sleazy words to me.
For your information, the Mt Richardson blog post in which my Hebe odorata photo appeared involved the following:
Return drive, Mt Richardson - Christchurch.
Climb Mt Richardson.
Write up blog content on blog programme.
Load photo, camera to computer programme.
Edit photo on computer, another computer programme.
Upload photo, computer to blog programme.
Caption blog photo.
Biology teacher expertise to identify plant in the wild.
Your risible offer goes nowhere near compensating time, resources & professional expertise involved.
Given the dodgy manner in which NZQA obtained exam photos, examiners were too lazy to take photos for exam questions themselves. They lacked professional integrity. Never mind the professional integrity of exam moderators also going along with examiner slackness & theft of intellectual property!..."
10.04.12. ESA Publications Publisher, Mark Sayes email:
"[Minion] has forwarded your email to me for reply.
I can understand your anger and concern [Nice!] as it happens every other year when ESA seek copyright permissions for material in the NZQA exams. [Thus ESA Publications had processed NZQA theft of intellectual property for years!]
You will need to contact NZQA to follow the matter up with them if that's what you choose to do. [Pass the buck!]
11.04.12. My email to ESA Publications Publisher, Mark Sayes:
"Good you are not using my photo. Your understanding is no good & callously evil if you are not doing anything about blatant theft of others' copyright intellectual property. Condoning NZ copyright law to "legalize" copyright theft stinks. If you are earning your living doing that you need to polish your morality..."
ESA Publications Publisher, Mark Sayes then phoned our home trying to "understand" my anger & concern, which amounted to whiney, self justification by Mark Sayes for the unjustifiable. My wife took his call.
13.04.12. My letter to NZQA's Chief Executive Dr Karen Poutasi:
"SINCE WHEN WAS THEFT ACCEPTABLE?
I am a SA biology trained and very experienced teacher. I have not taught in NZ due to deafness. Besides teaching, I have worked in the private sector, various jobs in SA, UK, Israel, NZ, including Industrial Relations at De Beers mines in SA.
Until NZQA stole my copyright intellectual property, I have never encountered any organization where theft is / was acceptable. Theft of my copyright intellectual property, Hebe odorata photo and "legally" ratifying its theft is unacceptable and outrageous.
With reference to ESA Publications [minion] initiated emails (see copies), NZQA stole my intellectual property, Hebe odorata photo, by lifting it, without my consent from my Woza Wanderer blog and using it, without my permission, in Question 2, evolution section of the 2011 NCEA Biology level 3 exam paper (90717).
NZQA, examiners, moderators, teachers, students all benefited from NCEA use of my copyright intellectual property, Hebe odorata photo in the 2011 NCEA Biology level 3 exam paper.
Adding insult to injury, with a fait accompli, [minion] asked permission for ESA's use of my copyright intellectual property, Hebe odorata photo, in the forthcoming ESA Workbook publication, 2000 copies @ $24.95 / copy.
After my querying the matter, ESA offered $40.00 for use of my Hebe odorata photo. I did not give permission for its use in the ESA Workbook publication. Their publication derived from NZQA theft is a scam.
What remunerative restitution is NZQA offering for use of my copyright intellectual property, Hebe odorata photo in the 2011 NCEA Biology Level 3 exam paper? [Ignored by NZQA, Dr Karen Poutasi].
As copyright theft of my intellectual property, Hebe odorata photo is not acceptable, please reply in writing by 30.04.12..."
24.04.12. NZQA, Dr Karen Poutasi's letter reply:
"Copyright material in NCEA examination papers [Ignored theft of intellectual property].
Thank you for your letter dated 13 April 2012 regarding your concern [More than concern Dear!] that New Zealand Qualifications Authority (NZQA) used an image for which you own the copyright in the 2011 NCEA Biology level 3 examination paper (90717).
NZQA is permitted by law to use copyright material for examinations. Section 49 of the Copyright Act 1994 states, "Copyright is not infringed by anything done for the purposes of the examination, whether by way of setting the questions, communicating the questions to the candidates, or answering the questions." [Legalized theft].
The image was reproduced, including source (in this case, a URL), in the examination paper, as an illustration of an examination question [Examiners should make their own illustrations]. The examination paper was written on by candidates during an examination session and then handed back to supervisors for marking. The examination paper was not a published document, [Huh? How many examiners, moderators, NZQA bureaucrats, teachers, invigilators, students had access to exam papers Dear? So far, all very secretive & sneaky use of my copyright photo without my consent nor knowledge], but a means of communicating the questions to the examination candidates and providing them with the means to answer the questions. [Never mind 'means' stolen from copyright holders].
Notice was not given to you, as copyright-holder, with respect to including your photo in the exam paper for two reasons:
(1) No notice is required under Section 49 of the Copyight Act 1994; [Legalized theft] and
(2) Giving such notice would have signalled, at least in part, the contents of the examination paper and would have rendered the examination invalid. [Adding insult to copyright owner injury! Why couldn't examiners make their own illustrations? They were supposed to be professionals with vast teaching & examining expertise?]
Because the image was used [stolen] in a legally prescribed manner, your copyright was not infringed by NZQA and remuneration was not required. [BS! Why did ESA Publications reluctantly offer remuneration?]
The examination paper published [Huh? You've just said, 'The examination paper was not a published document...' See above] on the NZQA website contains the source for the image but not the image itself. Refer http://www.nzqa.govt.nz/nqfdocs/ncea-resource/exams/2011/90717-exm-32111.pdf [A sneaky way of not showing my NZQA stolen copyright photo in a NZQA document published on the internet].
The copyright statement on NZQA's website advises that commercial applicants need to make arrangements with third party copyright owners such as yourself. Refer http://nzqa.govt.nz/about-this-site/commercial-use-of nzqa-material/ . These arrangements do not involve NZQA. [Pass the buck NZQA, like ESA Publications, with copyright owners playing piggy in the middle. NZQA laundered its theft of copyright material to ESA Publications, then NZQA sanctimoniously washed its dirty hands of theft].
Thank you for giving me the opportunity to respond to your concerns. [So what?] I hope this clarified the situation for you..." [Theft is theft, no matter how it's dressed!]
30.04.12. My letter response to NZQA, Dr Karen Poutasi:
""NZQA Theft of my Copyright Hebe odorata photo in the NCEA 2011, Biology level 3 exam
Your letter dated 24.04.12 refers:
Your rationale for NZQA theft of my copyright Hebe odorata photo is absurd. As for honesty, fairness, integrity, expedient publishing of photo source & not image & buck passing to 'commercial applicants,' go figure!
Having looked at exam revision booklets retailed in book shops, it is obvious to me that NZQA is stealing from many copyright owners, NZ & overseas, 'for the purpose of examinations.' (sic)
The risible law you quote & use is wrong. It is a travesty, as it enables & condones NZQA copyright theft.
What are you doing to right 'anything done?'"
I looked at ESA Publications "NCEA Year 13 Biology Workbook," 2010, which stated the following:
"Copyright [3 author names] ... [Launderers of NZQA theft!]
Copyright ESA Publications (NZ) Ltd, 2010 [Launderer of NZQA theft!]
Copyright NZQA in the exam questions [NZQA didn't create many of the illustrations, graphs nor tabulations! Just stole them!]
This Book is copyright. [LOL!]
The questions used in this book are taken from the 2004, 2005, 2006, 2007, 2008 and 2009 external NZQA examinations. All these questions are reproduced with the permission of NZQA which owns copyright in the questions...
Infringements will be prosecuted."
ESA had better prosecute itself, as it laundered NZQA stolen copyright material. ESA was happy for teachers to buy their books, but was not keen on teachers copying from their books too much!
NZQA stole copyright material from others & plagiarized it as its own, passing it off to ESA Publications for profit.
Thus NZQA stole copyright material from various copyright owners throughout the world (NZ legalized theft), secretly used it in national exams, miraculously became copyright owner of the stolen copyright illustrations etc, embedded in national exam paper questions, then passed the legalized theft in those exam papers to ESA Publications, who tried to find the copyright owners & maybe paid them money for the NZQA legally stolen copyright material, then ESA miraculously owned the copyright of those stolen, embedded materials in their own publications. Insane!
That's like a thief stole my car, by law, to examine it, then the thief's pal came to me, saying my stolen car belonged to him, as the thief had transferred it to him, but when I complained, he could pay me a pittance for my stolen car. Insane!
I counted 26 illustrations, graphs & tabulations in the ESA Publications, "NCEA Year 13 Biology Workbook," 2010, where sources were acknowledged from internet, books & periodicals. There were many more illustrations, graphs & tabulations where no source acknowledgements were made. So NZQA stole a helluva lot of copyright material for national exam purposes, hiding behind a shonky NZ copyright law, allowing NZQA to steal from NZ & overseas copyright holders.
And that was just the Year 13 Biology Workbook.
Never mind other year 13 subject exams, which NZQA managed & other subject exam papers which NZQA passed to ESA Publications, without copyright owners' consent, for Workbook publications & retail. In shops, I saw many different subject exam Workbooks published by ESA Publishers.
And what of other national exams managed by NZQA?
If the reader thought I was a mean curmudgeon, several individuals & organizations have asked permission to us my blog photos. No problem. They asked permission. NZQA didn't.
For the record, permission askers: A forestry survey publication, which fell through, due to publisher hassles. A USA artist. Latterly during the 2010-2012 Christchurch quakes, several individuals asked permission, for quake fundraising. Christchurch City Council asked permission, for its rebuild plan for Worcester St / Stanmore Rd quake trashed precinct. A lawyer checking on people illegally demolishing his High St bldg, asked permission. A Swede asked permission, for a Wikipedia pic. Permission declined.
An Auckland journalist, founder of the Avon / Otakaro Park website & petition to NZ parliament, asked to use some of my pre quake Avon River pics for the website. The pics were used for many months, encouraging people to believe in the Avon River Park, the proposed park to be formed on quake trashed Avon River land, from city to sea.
21.05.2012. NZQA, Dr Karen Poutasi's reply to my 30.04.12 letter:
"Copyright material in NCEA examination papers
Thank you for your letter of 30 April 2012 regarding the reproduction of one of your photographs in the NCEA examination paper.
As outlined in my letter of 24 April 2012, the New Zealand Qualifications Authority has the lawful authority to do this, [steal] as, for example, does any other educational organisation setting examinations.
Section 49 of the Copyright Act 1994 which is available at http://legislation.govt.nz/act/public/1994 states that:
'Copyright is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates, or answering the questions.'
In enacting this provision, Parliament has acknowledged the need for the use [theft] of copyright material in this way. NZQA will continue to make use of this provision in the future where it sees fit to do so."
There you have it. NZQA saw fit to steal copyright material from copyright holders worldwide.
NZQA's Dr Karen Poutasi showed no compunction, remorse, nor apology for NZQA's blatant copyright theft, just repeated her former letter content.
NZQA stole copyright pics, illustrations & material, here there & everywhere, used it in national examinations, without asking copyright holders' permissions, then post exams, NZQA claimed copyright ownership of examination questions & distributed NZQA stolen copyright material in examination papers, to ESA Publications, thus laundering the stolen copyright material for profit, in the form of examination revision books, sold in bookshops.
After stealing copyright materials for exam questions, & post exams, distributing it to ESA Publications, NZQA claimed copyright of ESA published exam questions. ESA Publications claimed copyright of copyright material stolen by NZQA, embedded in NZQA exams & published for sale in ESA publications exam revision books.
25.05.12. My letter response to NZQA, Dr Karen Poutasi:
NZQA theft of my copyright Hebe odorata photo, used by NZQA without my permission, in 2011 NCEA Biology 3 national exam & distributed by NZQA on the internet & distributed to ESA Publications for publication & sale in revision books, without my permission
As NZ legislation you have twice quoted fudges NZQA's theft of my Hebe odorata photo, copyright material already used by NZQA for 2011 NCEA Biology 3 national exam purposes, but does not cover distribution of my copyright material elsewhere -
1. Please quote relevant sections of NZ legislation which enables NZQA to distribute my copyright material on the internet in disguised form (source revealed but image hidden) without my permission & enables NZQA to distribute my copyright material to ESA Publications for ESA Publications & NZQA to profit from sale of my copyright material in ESA Publications exam revision books, without my permission. And for ESA Publications & NZQA to claim copyright of my stolen copyright material, after publications of exam papers & revision books.
You have shown no compunction, remorse, nor apology for theft of my copyright Hebe odorata photo, used in the 2011 NCEA Biology 3 national exam paper & post exam distribution of my copyright material in the exam paper to ESA Publications for publication & sale in a revision book, all without my permission.
I see in ESA Publications, national exam revision books, for sale, that NZQA claims copyright of exam questions, where copyright material was used without permission & ESA Publications claims copyright of that copyright material, distributed by NZQA in the form of national exam papers, to be published in book form & sold for national exam revision purposes.
As NZQA theft of copyright material is unfair to copyright holders, like myself, & as you have twice quoted NZ legal verbiage, which does not make copyright theft right & as NZQA has used my copyright material without my permission in the 2011 NCEA Biology 3 national exam & post exam distributed my copyright material on the internet without my permission & distributed my copyright material to ESA Publications, to sell in national exam revision books form, without my permission -
2. What are you personally doing to correct matters?
12.06.12. NZQA, Dr Karen Poutasi's reply to my 25.05.12 letter:
"As outlined in my letters of 24 April 2012 and 23 May 2012, the New Zealand Qualifications Authority (NZQA) has been fully compliant with the copyright Act 1994 in the way it has used your photograph.
[Dr Karen Poutasi avoided the word "theft," just perpetrated a rotten law & didn't bother to answer my 2 questions].
NZQA stated very clearly in its communications with third parties wishing to reproduce NZQA examination material that they must seek permission of the owner of the copyright.
[Dr Karen Poutasi passed the buck & thought laundering NZQA copyright theft by ESA Publications made copyright theft right].
If you have any concerns with the way ESA Publications have used your image, you should contact the company direct."
Dr Karen Potasi passed the buck to ESA Publications, after distributing my NZQA stolen copyright material in a national exam without my permission, distributing my copyright material on the internet without my permission & distributing my copyright material to ESA publications for ESA Publications profit without my permission.
However Dr Karen Poutasi justified NZQA's copyright theft, she was wrong. Dr Karen Poutasi was a copyright thief, her letters showed she was a cheat, using a rotten NZ law to cover her NZQA thefts. Her NZQA minions & proxy publisher minions were gangs of copyright thieves.
Coda 12.05.13. In 2012, as Dr Poutasi showed no integrity regarding NZQA copyright theft, in 2013 I wondered how Dr Poutasi would deal with cheating Chinese students who paid ghost writers to write their university assignments for NZQA approved degrees?
Copyright Mark JS Esslemont.
See NZ Qualifications Authority (NZQA).
See ESA Publications (NZ).
See Facebook Avon River Park / Otakaro
See Chinese cheats rort NZ universities with fakes (The Press / Stuff Co).