[A2k] Reforms to Australian Copyright law announced

[Michelle Childs]

http://www.theregister.co.uk/2006/05/16/oz_copyright_reforms/
Copyright reforms strike a balance in Oz
Fairer for users but tougher on pirates
By Sally Hawkins
Published Tuesday 16th May 2006 08:56 GMTGet

.The Australian Government has announced it will introduce major changes
to the Australian Copyright Act.

Attorney-General Philip Ruddock said the reforms would make laws fairer
for consumers and tougher on copyright pirates.

"Copyright is important and should be respected," Mr Ruddock said. "That
is why the Government is updating our laws to keep pace with technology."

"Everyday consumers shouldn=92t be treated like copyright pirates. Copyrigh=
t
pirates should be not treated like everyday consumers."

Changes to the law include legalising time shifting and format shifting,
allowing consumers to:

Copy music, newspapers and books from 'personal collections' onto iPods
and mp3 players.
Record TV and radio programs to 'time shift' once at a later time. This
exception will not allow a recording to be used over and over again or be
distributed to others.
Schools, universities, libraries and other cultural institutions will be
free to use copyright material for non-commercial purposes.
New exceptions will be created for people with disabilities to allow
access to copyright materials.
Copyrighted material will be available for use for parody or satire.
However, the amendments will also increase surveillance, fines and damages
for internet piracy (file sharing) including on the spot fines, proceeds
of crime remedies, and a change in presumptions in litigation to make it
easier to establish copyright piracy =96 for large scale piracy the content
owners may no longer have to establish each breach of copyright law.

They will also remove the one per cent cap on the royalties paid by
broadcasters to record companies, allowing record companies to negotiate
the terms on which music can be played on the radio (good luck public
radio).

The format shifting provisions do not include a general right to make back
up copies, any new copy must be in a new format. They do not apply to
computer programs. Further more, on the sale of the original item, all
other copies must be deleted.

For the time being it will still be illegal to format shift audio visual
material. This will be reviewed in two years=92 time and a decision made
then as to whether the scope can be expanded to digital audio visual
materials in a way which complies with international obligations.

In relation to DRM: "The Government is still considering this issue of
copy protection."

Research will be undertaken by the Australian Institute of Criminology on
the nature and the extent of piracy and counterfeiting in Australia and
how best to respond to the problem.

A draft exposure bill will be released soon to stakeholders


--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
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http://www.cptech.org

Consumer Project on Technology in Washington, DC
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