[Ecommerce] Australia: Tougher copyright laws passed

[Manon Ress]

Tougher copyright laws passed
Canberra
December 8, 2004 - 9:30AM
http://www.theage.com.au/articles/2004/12/08/1102182325498.html?oneclick=true

Tougher copyright laws linked to the Australia-US free trade agreement
(FTA) have been passed by parliament, AAP reports.

The bill, which passed the Senate last night, will enable people other
than copyright owners to force internet service providers to take down
material allegedly infringing copyright.

The internet industry raised concerns in a brief inquiry held overnight
that the changes could bog down the industry with automated copyright
claims.

The bill also made minor and technical amendments to the Copyright Act
and the FTA implementation laws to improve Australia's implementation of
its copyright obligations.

The changes followed last-minute talks between Australia and the US to
finalise the FTA which takes effect on January 1.

The FTA for the first time gave performers economic and moral rights in
sound recordings.

A number of criminal offences were broadened to target copyright
breaches for financial gain or commercial advantage and significant
infringements on a commercial scale.
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New provisions were introduced in relation to the unauthorised receipt
and use or distribution of encoded broadcasts.

And the term of protection for copyright material was extended by 20 years.

The Australian Greens and Democrats voted against the bill, saying it
would impact on freedom of speech and media diversity on the internet.

Sam Varghese adds:

Internet Industry Association chief executive Peter Coroneos said the
bill had passed after Trade Minister Mark Vaile had exchanged a letter
with his Opposition counterpart Simon Crean, pledging to work with the
industry in drafting regulations that would "take the sting out of the
bill."

Asked whether the US would not object to such watering down, Coroneos
said it was a case of treading another fine line. "We are meeting Mr
Vaile tonight in Canberra to work on the regulations which would be used
to soften the bill," he said.

He said the bill was likely to go to the executive council by the 16th.

Asked whether the Americans would not object to such "regulations",
Coroneos said he had no comment about what the reaction would be on the
US side.

He said the IIA had been working with the negotiators for the last 18
months and had reached agreement on suitable copyright provisions,
acceptable to the Australian industry, in July.

Coroneos said the changes - introduced because of section 154 of the US
Free Trade Agreement Implementation Act 2004 - which had the internet
industry up in arms, was shown to him only last Thursday.

"It may look like a last-minute effort but it is not," he said.


--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology in Washington, DC
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