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.

We Are The Media.

ImageSo, if you’ve been living under a rock, we’re having an election. I know that it’s tiring, and I for one am completely over the nonsense. This is the first election where I have taken part, having been a conscientious objector to compulsory voting up until now. My decision to enrol to vote is, however, a topic for another day’s post.

What I do want to discuss today is the “media blackout period” we are supposed to experience in the last few days before the actual voting day.

What is a “Media blackout period”?

Under Schedule 2 of the Broadcasting Services Act 1992, which is administered by the Australian Communications and Media Authority (ACMA), election advertising in the electronic media is subject to a ‘blackout’ from midnight on the Wednesday before polling day to the end of polling on the Saturday. This three-day blackout effectively provides a “cooling off” period in the lead up to polling day, during which political parties, candidates and others are no longer able to purchase time on television and radio to broadcast political advertising. (AEC, 2013)

Apparently, this doesn’t cover the Web, where election hype and discussion is still going crazy. This wasn’t helped by the fact that the Liberals had an “interesting” time of releasing an Internet policy that apparently wasn’t quite right first time

It’s a pretty special set of circumstances that would lead to a completely incorrect policy being released online, unbeknownst to the main politician supposedly responsible for the area the policy covers. But I digress.

The time has come for those who conduct political discussion online to understand one very simple premise:

We Are The Media.

It’s really that simple.

The media blackout is there to give voters a “cooling down period” from the financially-supported party campaigns. Political parties are not being held accountable for their actions online, and this is a worry. Political discussion between voters is not covered by this blackout, and nor should it be.

It seems to me that this is just another instance of governmental guidelines not being kept in synch with what is happening in the real world, away from the hallowed halls of parliament.