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Australian copyright changes

p2p news / p2pnet: The Australian Government has today announced it will introduce major changes to the Australian Copyright Act.

Good changes 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 to be distributed to others.
  • Schools, universities and 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, these 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 – for large scale piracy the content owners may no longer have to establish each breach of copyright law.
  • Remove the 1% 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 don’t apply to computer programs. Furthermore, on the sale of the original item, all other copies must be deleted.
  • For the time being. it’ll still be illegal to format shift audio visual material, this will be reviewed in two years’ 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.
  • 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.
  • In relation to DRM: “The Government is still considering this issue of copy protection.”

There’s a press release available here, and you’ll also find material available on the Australian Copyright Councils site here.

Sally Hawkins, p2pnet - Sydney, Australia

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4 Responses to “Australian copyright changes”

  1. Reader's Write Says:

    can someone explain to me how you get an on the spot fine for file sharing - do they issue it to according to the IP address and send it via your ISP? in which case I will be using a proxy service…. Do they come into your home and hope to catch you in the act>? it really doesnt make much sense to me and we were worried about the notion of innocent until proven guilty in the States, Australia is taking it one step further - guilty without recourse…

  2. Reader's Write Says:

    The fact that copies have to be made to a different format means that people will not be entitled to make compilation CDs from ripping the CDs they own, yet if they purchase the tracks individually from crapTunes they will be able to burn a mutli artist CD - this doesnt make much sense really and its unlikely anyone will take any notice of the it… there are some benefits to having specific rights rather than a hard to predict personal use provision such as that of the united states, but in real terms people will just do what they want - they own the CD whos to tell them they cant burn a compilation disk. This legislation is about legalising what is already happening there should be no confusion abou this being a ‘gift’ from the the government in exchange for harsher penalties.

  3. Reader's Write Says:

    The fact that copies have to be made to a different format means that people will not be entitled to make compilation CDs from ripping the CDs they own, yet if they purchase the tracks individually from crapTunes they will be able to burn a mutli artist CD - this doesnt make much sense really and its unlikely anyone will take any notice of the it… there are some benefits to having specific rights rather than a hard to predict personal use provision such as that of the united states, but in real terms people will just do what they want - they own the CD whos to tell them they cant burn a compilation disk. This legislation is about legalising what is already happening there should be no confusion abou this being a ‘gift’ from the the government in exchange for harsher penalties.

  4. Reader's Write Says:

    They prolly’ monitor major ISP’s, and ISP’s prolly co-operate with the government to find illegal file sharing.

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