[Year 12 IPM] Fed Govt review of copyright & 'fair use'

[Donna Benjamin]

Thought this looked relevant to you lot....   and maybe worth passing  
on to Teacher Librarians?

- D.
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http://www.ag.gov.au/agd/WWW/agdhome.nsf/AllDocs/ 
E63BC2D5203F2D29CA256FF8001584D7?OpenDocument

Fair Use and Other Copyright Exceptions
An examination of fair use, fair dealing and other exceptions in the  
Digital Age
Issues Paper - May 2005

1. Introduction

1.1 The purpose of this paper is to invite comment on whether the  
Copyright Act
should include a general exception associated with principles of  
‘fair use’ or specific
exceptions which would facilitate the public’s access to copyright  
material in the
digital environment.

1.8 Submissions are sought on the issues raised.  A number of  
questions that may
be useful in preparing submissions are included at the end of this  
paper (see section
15).  Submissions are requested by 1 July 2005.


Foreword
___________________________________________________________________

The Coalition Government is committed to maintaining an effective and  
relevant copyright
law that achieves an appropriate balance between the rights of  
copyright owners and
reasonable access to copyright material for users.

The Copyright Act 1968 (the ‘Copyright Act’) gives copyright owners  
certain exclusive rights
to promote creativity and innovation.  However, there are also  
exceptions to these rights
which allow others, in various circumstances, to use copyright  
material without the
permission of the copyright owner.

Digital technologies give people great freedom over when and how to  
use copyright material.
New forms of expression, entertainment and public communication are  
continuing to emerge.
These developments in digital technology pose new challenges for the  
policy balance.

The Government is aware some common personal uses of copyright  
material infringe
copyright.  Examples include transferring music from a CD onto an MP3  
or iPod player or
copying a television broadcast to view later.  Those engaged in such  
uses do not believe they
are or should be considered copyright pirates.

Many observers believe copyright law should be reformed to reflect  
public attitudes and
practices.  Some interest groups feel a copyright balance might be  
better maintained in a
rapidly changing digital environment if the Copyright Act were to  
include an open-ended ‘fair
use’ exception that would allow the courts to determine whether a  
particular use of copyright
material is ‘fair’ and should be lawful.  Others argue the present  
specific exceptions in the Act
should be amended to make certain uses of copyright material lawful.

For copyright owners, digital technology offers great opportunities.   
It also poses significant
threats, with copyright material now easier than ever to copy.     
Copyright owners are
concerned about increasing copyright piracy and believe it is  
necessary to exercise closer
control over the way their material is used.

I seek submissions on ways of addressing these conflicting views and  
canvass options in this
paper.  In particular, I seek views on whether the Copyright Act  
should include more specific
exceptions or a fair use exception which would facilitate the  
public’s access to copyright
material.

I appreciate the issues associated with ‘fair use’ and copyright  
exceptions, including personal
copying, provoke significant debate amongst copyright owners and  
users.  These issues affect
many Australians from those recording television programs at home to  
others who work in
Australia’s growing copyright industries. These issues should be  
properly considered.

I encourage those who have a view to make a submission on the options  
proposed in this
paper for reforming the exceptions to copyright and any other options  
the Government should
consider.

Philip Ruddock
Attorney-General