Online Copyright Infringement Discussion Paper

I seriously love my friends. They’re a varied crew, all interested in a huge range of subjects. There is one common thread, however. They’re almost all into what is right.

I recently received this email from a friend in regards to a conversation underway about an online copyright infringement discussion paper. As it is a subject rather close to my heart, I thought I would share its contents with you. It is from the Australian Digital Alliance.

It continues to be an exciting year for copyright in Australia! Of particular note is the government’s request for feedback on its proposals on online copyright infringement which are due on 1 September 2014.

Online Copyright Infringement Discussion Paper

The government recently released a discussion paper aimed at reducing online copyright infringement.  The paper had three main proposals:

  • Extend authorisation liability;
  • Provide a new injunctive process to block overseas websites whose dominant purpose is to infringe copyright; and
  • Extend the safe harbours to a wider class of intermediaries (including schools and universities).

We have a quick overview of the proposals and have blogged some preliminary responses to the proposal to extend authorisation liability.  While this measure is directed ISPs, it is not restricted to ISPs, meaning that the changes will impact on other intermediaries such as schools, libraries, online platforms and universities.  In particular we are concerned that:

  • It will increase legal risk
  • It will increase legal uncertainty
  • It will encourage reliance on the safe harbours, including the requirement for an implemented policy for disconnection of repeat infringers
  • It will put Australia at odds with international norms

We have commissioned Dr Rebecca Giblin to write a paper that examining the effects on intermediaries and also do a comparative analysis of the forms of secondary liability with other core jurisdictions.

We will of course be putting in a submission, and would encourage others to do the same.  EFA has put together some consumer facing materials that may be useful and CHOICE is asking for consumer stories about access to content.  I haven’t seen anything from groups such as the Copyright Council, but if you have additional resources please feel free to bring them to our attention!

Trade Agreements
We have signed tow FTAs this year with Korea and Japan, both contain IP chapters. On copyright these continue to focus on enforcement, with limited recognition of other interests. In the reports on KAFTA they also included an opinion that the decision in the iiNet case was inconsistent with our trade agreements, and should be overturned, something that has now been suggested in the response to online copyright infringement.  We disagree with this interpretation of our international commitments, and said so in our submission.

Negotiations on the TPP continue, the next meeting will be in the first week in September in Hanoi.  The intention still seems to be concluding the agreement in  November, but this hinges a lot on whether Japan, the US and Canada can sort out the market access issues.  We continue to liaise at departmental and political level to ensure that the negotiators and decision makers are aware of the potential effects on user groups.

Other matters

We’ve also recently put in a submission to the Competition Policy Review (done a fair amount of media about the lack of movement on the IT Pricing recommendations \and supporting the work of the libraries at WIPO

Within the Attorney-General’s department a small group has been created to look at copyright reform, including online infringement and the ALRC recommendations.  We continue to work on this, and will be looking to some wider advocacy efforts toward the end of the year.

And, in some excellent news, we finally signed the Marrakesh Treaty!

If anyone is in Melbourne on Tuesday/Wednesday do consider coming to AuIGF – I’ll be speaking on panels about regulation on the internet and intermediary liability.

As always. please do keep up with our work at http://digital.org.au/blog or follow @aus_digital on twitter.  And feel free to email info@digital.org.au questions/concerns/suggestions/queries.

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Why Australia opposes Fair Use.

Having just finished this article I fear, once again, for the future. Why? Because it contains a very important message that will, ultimately, get drowned out by all the other important messages we are currently facing both here and globally… but that’s a post for another time.

Fair Use for EFF.orgAustralian copyright laws always have been considered antiquated. In fact, we are not terribly forward thinking as a nation, legislatively speaking. Copyright is, however, one of those topics that very few people understand and even fewer care about, unless they stand to profit from the proceeds of it.

Every study period throughout my undergraduate degree I was approached or pointed to a discussion regarding the unsanctioned use of unattributed copyrighted material for assignment purposes.

“But if my tutor says it’s okay to use this picture in my project, then isn’t it okay?”

“What do you mean using the writing of another person is illegal unless I have a specific agreement from the copyright holder to say I can?”

These questions, and so many others like them, resulted in me banging my head against a non-existent desk or wall, as the people I was attempting to educate gleefully told me that they didn’t care, the law was stupid, and they’d go and use copyrighted material anyway because no one was going to chase them for the royalties for their use of said material.

This.

This is why ideas like Fair Use won’t take hold here.

Fair Use is a legal idea allowing people to use copyrighted material so long as the copyright holder isn’t losing out on profits from said use. It’s that simple really. Of course, the real legal mumbo jumbo goes into exclusions and restrictions, but that’s pretty much what it amounts to.

Parliament’s a funny place. And by funny I mean disparaging to the human soul.

So, as long as the public don’t care that they’re breaking the law and could stand to lose a significant amount of money to an already filthy rich corporation (think of how many times you’ve share a meme based on someone else’s work, or a music video, or copied a line from some book onto a completely unrelated image), or face jail time and as long as politicians sit in the pockets of those corporations that believe they will miss out on all the profits if they allow people to do what they’re already “turning a blind eye” to, then legislation such as Fair Use will never take hold in Australia.

 

Still not sure what it’s all about? Check out the video below for more information.