Tuesday, 22 January 2008
Who woulda thunk it? In accordance with a requirement for review of the operation of the Copyright Amendment Act 2006 (thanks Craig!), the Attorney-General has released a new copyright issues paper – on private copying of films and photos. Hmmm. You thought we dealt with that issue in late 2006? No, the new government says. Or at least, time for a review. I’ll just quote from the media release:
Attorney-General Robert McClelland said the review was part of the Rudd Government’s commitment to open public consultation in achieving fair and effective copyright law.
“The Rudd Government wants to ensure the Copyright Act continues to balance copyright protection with user needs,” Mr McClelland said.
“We are committed to encouraging creators and copyright owners to develop new markets while also giving a fair deal to Australian consumers, and I invite all parties to make a submission in response to the issues paper.”
Sections 47J and 110AA of the Copyright Act 1968 permit photographs and films to be copied in a different format for private use, subject to particular conditions. These two sections are the focus of the review.
Mr McClelland said there was a range of views about whether the present exceptions could be expanded to allow a greater range of copying without causing significant detriment to copyright owners.
“I acknowledge digital markets are rapidly adapting and the Government will need to assess all views in deciding whether to make changes.”
The legislation which introduced the new exceptions in 2006 also provides for a review of their operation. Submissions on the issues paper will close on 29 February 2008.
4 Responses to “Here we go again – a new copyright inquiry in Australia”
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January 22nd, 2008 at 1:12 pm
I’m not sure why you’re so bothered about this.
The Copyright Amendment Act 2006 (Cth) provides for a review of its operation by 31 March 2008. Therefore, this complies with the legislation and, as the Attorney-General says, encourages ongoing review of legislation.
January 22nd, 2008 at 2:22 pm
Ah, of course. Seems a pretty short time for review, doesn’t it! Thanks Craig!
February 25th, 2008 at 10:35 am
There is new impetus for legalizing the digital format shifting of video data due to recent events in the home video industry.
Last week a new digital video format, HD DVD, was abandoned by all of its backers. As a result, thousands of consumers are left with videos in this format that they may have no way of playing back in the future. The only option left for consumers is to convert these videos into a different digital format that will permit playback on future hardware.
Currently this is illegal in Australia for two reasons:
1. Digital-to-digital format shifting of video is no legal.
2. Digital-to-digital format shifting of most current video formats involves breaking a TPM (ACTPM).
Now I know that reason #1 is being reviewed from the end of this week. However is reason #2 being revisted as well?
February 25th, 2008 at 10:47 am
In fact, the TPM issue is not being revisited in the current review. However, IF it were indeed the case that there is a now-obsolete TPM which will cease to be supported, that might be an argument for an ad-hoc exception to circumvention, to the extent that copyright owners refuse to replace material purchased in defunct formats.