Copyright and the Internet
The Internet poses some interesting issues for copyright works – given the rapid duplication and distribution it enables. Earlier this year (26 February 1999) the Federal Government released an exposure draft of a Bill to try to address some of these issues. This Bill is the Copyright Amendment (Digital Agenda) Bill 1999.
The reforms contained in the draft Bill are intended to be consistent with the international standards reflected in some International Treaties in this area (including the WIPO Copyright Treaty) which were agreed to in December 1996. There are 3 main areas of reform:
Right of Communication to the Public
This is the main reform and is designed to give a new broadly-based technology-neutral right of communication to the public.
This right is to apply to all copyright material made available "on-line", as well as works transmitted or broadcast to the public. The new right will apply to works, sound recordings, films and broadcasts. It will replace and extend the existing technology-specific transmission-type rights. As the new right will be technology-neutral, it is intended that it will automatically apply to future developments in technology (eg web TV) without need for further reform.
What exceptions will apply?
The Government previously agreed to exceptions to the new right of communication to the public for fair dealing, libraries and educational institutions, to mirror the existing exceptions in the Act that apply to "hard copies". However, there has been intense lobbying on this issue of exceptions by copyright owners to restrict or eliminate the proposed exceptions. These groups take the view that all users (including libraries) should be required to gain commercial licences from copyright owners in order to carry out online copying.
One of the prime agents lobbying for the restriction or elimination of the proposed online copying rights of libraries and others is the Copyright Agency Limited ("CAL"). Its views, news releases and submissions can be found on its website: www.copyright.com.au.
Other lobbying groups have been established by copyright user groups, in order to present the other side of the arguments. One of these groups is the Australian Digital Alliance (http://tony-barry.emu.id.au/interests/library/ADA.html).
Liability of carriers and ISPs
The Government also wants to amend the Act to make it clear that telecommunication carriers and Internet Service Providers (ISPs) will not be liable for copyright infringement (eg on a client's website) if the only connection to the carrier or the ISP is that the infringement occurred on the facilities of the carrier or ISP. An inclusive list of the common law factors regarding liability for authorisation is included to try to provide "greater" certainty for carriers and ISPs.
Enforcement measures
New enforcement measures are also to be introduced in response to the problem of enforcement in the "wild west" environment of cyberspace, including:
This Bill is not law yet. It was anticipated that a proper Bill would be properly introduced in the Winter sittings of Parliament – but it was not. The latest word is that a Bill will be ready to be introduced in the Spring sessions (started 9 August). We will bring you further news as soon as it arrives. Watch this space!
Copies of the exposure draft and commentary are available at: http://law.gov.au/publications/copyright_enews/Welcome.html
For further information on this article, please contact Robert Chalmers, Senior Associate, on (61 8) 8210 1229 or via E-mail: rchalmers@normans.com.au
The contents of this newsletter are for information only and should not be taken as advice on the law. This newsletter may be reproduced in whole or in part with the prior permission of Norman Waterhouse and acknowledgment of its source and copyright.