eNews on Copyright

Issue 26 - 1 October 2002

Welcome to the copyright newsletter of the Copyright Law Branch of the Attorney-General's Department.

Recent editions of e-News caused difficulties for some readers with older equipment unable to handle HTML. We would like to ensure that the newsletter is accessible for all readers and for this reason have reverted to plain text for mail-outs. An HTML version of this newsletter with formatting and links is available on the new e-News on Copyright Web site.

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- E-news editor: Elena Down, Senior Legal Officer, elena.downATag.gov.au

WHAT'S IN THIS ISSUE?
  1. Release of CLRC Report: Copyright and Contract
  2. Visiting Canadian Professor: Round-table with Prof. Ysolde Gendreau
  3. AGD hosts Chinese copyright delegation visit
  4. WIPO General Assembly meetings, Geneva, 23 September - 1 October 2002
  5. WIPO SCCR 8th Session, and special session on technical matters
  6. Branch e-mail address

Go to the end of the e-News for answers to the following questions:

1. RELEASE OF COPYRIGHT LAW REVIEW COMMITTEE (CLRC) REPORT

Today, the Attorney-General released the CLRC's report on Copyright and Contract, noting that 'this is one of the first detailed reviews of the relationship between copyright and contract in the world.  It confirms Australia's position at the cutting edge of copyright law reform'.

Following a year-long inquiry into the complex relationship between copyright and contract law, the CLRC has found that private agreements are being used to set the terms and conditions of access to, and use of, copyright material. The CLRC expresses the view that this is creating a displacement of the copyright balance and makes 6 recommendations for change.

The central recommendation of the Committee is that the Copyright Act 1968 be amended to prevent the exclusion or modification of exceptions identified as being fundamental to the copyright interest in Australia, namely:

The Committee also recommends that the integrity of the permitted purpose provisions introduced by the 2000 Digital Agenda reforms be retained by preventing a copyright owner from making it a condition of access to his or her copyright material that users will not avail themselves of a circumvention device or service for the permitted purpose of doing an act that is not an infringement of copyright under the Act.

In undertaking the Copyright and Contract reference, the CLRC was concerned to consult with a range of interests. The Committee received 36 submissions from stakeholders within the library, educational, music, and information technology sectors as well as from interests within academia, government and other areas. The experience and views of submitters formed an integral component of the Committee's inquiry. In addition to this, the Committee examined academic commentary and undertook its own empirical research.

The Government intends to give the report careful consideration and respond during the first half of 2003.

For further information, see the CLRC website: http://www.law.gov.au/clrc

Copies of the report are available from Government Information shops and online http://www.law.gov.au/clrc.

An overview of the work of the CLRC

The CLRC was established in 1983 by the Attorney-General as a specialist advisory body to report to the Government on specific copyright issues referred to it from time to time. It is supported by a permanent secretariat within the Attorney-General's Department.

Since that time, the CLRC has become a well-respected law reform body, having produced reports on a diverse range of topics. Past CLRC references have examined issues relating to the jurisdiction and procedures of the Copyright Tribunal, moral rights, simplification of the Copyright Act, computer software protection and performers' protection. Many of these reports have been influential on the development of Australian copyright policy.

Membership of the CLRC

As an independent specialist advisory committee to Government, CLRC members are appointed on the basis of their expertise in areas relevant to the specific issue under inquiry. Professor James Lahore chaired the Committee for the latest reference into Copyright and Contract. Professor Lahore has been at the forefront of the development of intellectual property law in Australia and has over 30 years experience in this area as a legal practitioner and academic.

Committee members are also appointed to the CLRC from a range of sectoral interests. For example, the membership of the latest Committee consisted of representatives from copyright owner and user groups as well as academia and government. Ms Maureen Barron (General Manager, Corporate of the Southern Star Group) and Dr Warwick A. Rothnie (Barrister and formerly a partner of Mallesons Stephen Jaques solicitors) were appointed to the Committee as representatives of copyright owner groups. Copyright users were represented by Mr Charles C. Britton (Senior Policy Officer, IT and Communications, Australian Consumers' Association). Mr Thomas Cochrane (Pro-Vice Chancellor (Library and Academic Services), Queensland University of Technology) was appointed to represent the specific interests of the library and educational sector; while Professor Michael D Pendleton from Murdoch University also provided expertise on this complex issue. The Government's interests were also represented by Mr Chris Creswell, copyright consultant and former head of the Intellectual Property Branch of the Attorney-General's Department.

It is expected that a new Committee will shortly be appointed to carry out a new inquiry.

INTERNATIONAL VISITORS

2. Visiting Canadian Professor: Roundtable with Prof Ysolde Gendreau

On 24 July 2002 the Copyright Law Branch hosted a round table discussion led by Professor Ysolde Gendreau on copyright law in the digital environment. Professor Gendreau is a distinguished professor of intellectual property and competition law at the University of Montreal and a member of the Quebec Bar. In Australia, she presented papers on 'Copyright and freedom of expression' in Melbourne and Sydney.

At the round table the discussion focussed on copyright law in the digital environment. Prof Gendreau outlined the scope of protection of databases in Canada and compared this to the situation in Australia following the decision of the Federal Court of Australia in Desktop v Telstra. She also provided interesting information on the application of broadcast copyright to Internet streaming, the application of the Canadian private copying scheme to digital media and fielded a range of questions on access to copyright materials in digital form.

The visit continued a tradition by Copyright Law Branch of hosting world-renowned copyright law experts whilst in Australia from time to time.

3. AGD hosts Chinese copyright delegation visit

On 16 August 2002, the Copyright Law Branch hosted Government discussions with a visiting delegation of 9 copyright advisers and administrators from China. Participants were able to draw interesting comparisons between the legal mechanisms in China and Australia for protecting and enforcing copyright rights, and for framing laws to accord with obligations under the TRIPS agreement, WCT and WPPT, as well as comparative experience with the WTO and WIPO.

The delegation, headed by Mr LIU Jie, Deputy Director General of the Copyright Department in the National Copyright Administration of China (NCAC), attended meetings in Melbourne, Sydney and Canberra. The NCAC is the central government agency in China responsible for the development and enforcement of copyright legislation. The other delegates were drawn from the NCAC and from a range of provincial copyright bureaus throughout China. Elena Down, Senior Legal Officer, accompanied the delegation in Melbourne and Canberra. The Copyright Agency Limited (CAL) and the International Federation of Reproduction Rights Organisations (IFRRO) also provided extensive assistance to the delegation's visit. In Melbourne, the delegation held discussions with researchers at RMIT and leading copyright academics at the University of Melbourne. In Sydney, the delegation met with CAL and other Australian copyright collecting societies in relation to collective administration of copyright.

4. WIPO General Assembly meeting, Geneva, 23 September- 1 October 2002

At the annual meeting of the World Intellectual Property Organisation (WIPO) General Assembly in Geneva, overwhelming support was expressed by delegates for the re-election of Dr Kamil Idris, the incumbent Director General, for a second 6-year term. Dr Idris was elected in 1997 and his present term expires on 30 November 2003.

The General Assembly also approved the convening of an ad hoc informal meeting in the first half of 2003 on possible ways of resolving the outstanding issues in the draft treaty on the protection of audiovisual performances. The draft treaty was considered at the WIPO diplomatic conference in December 2000, where 19 out of 20 provisions were agreed on but there was failure to agree on adoption of the treaty as a whole. All WIPO member countries, observer non-members, inter-governmental organisations and non-governmental organisations would be invited to the meeting, and WIPO will consult on the modus operandi of convening and the procedure at the meeting.

For the full text of the WIPO press release, "Member States Keep up Momentum for Performer's Rights" and other releases on the General Assembly meeting, see http://www.wipo.org/pressroom/en/index.html and click on "Press Releases".

5. Meeting of WIPO Standing Committee on Copyright and Related Rights (SCCRR) - 4-8 November 2002

The 8th meeting of the SCCRR will take place in Geneva on 4-8 November. The items on the agenda will continue to be the proposed treaty on the protection of the rights of broadcasting organisations and the possible treaty on the protection of non-original databases. The several proposals made by countries and the EC on the proposed broadcasters' rights treaty will again be the major item and, at the request of the last SCCRR meeting in May 2002, WIPO has arranged an information session for SCCRR delegates on 4 November on "Technical and legal aspects of broadcasting".

For more information, see the WIPO site at http://www.wipo.int/copyright/en/index.html. For a summary of the outcome of the 7th SCCRR meeting, see issue 25 of the e-News at http://www.ag.gov.au/agd/www/Enewscopyrighthome.nsf/HeadingPagesDisplay/Past+Issues?OpenDocument.

6. Branch e-mail address

The Copyright Law Branch's e-mail address is: copyrightlawbranch@ag.gov.au

WHO DO I CONTACT IN THE COPYRIGHT LAW BRANCH?

A. INTERNATIONAL AND PROJECTS, INCLUDING:

Contact: Mr Chris Creswell, tel: (02) 6250 6318; e-mail: chris.creswellATag.gov.au

B. TRADE AND REGIONAL ISSUES, INCLUDING:

Contact: Stephen Fox, tel: (02) 6250 6313; e-mail: stephen.foxATag.gov.au

C. NEW TECHNOLOGIES ISSUES AND PROJECTS, INCLUDING:

Contact: Simon Cordina, tel (02) 6250 6608; e-mail: simon.cordinaATag.gov.au

D. COPYRIGHT LAW REVIEW COMMITTEE SECRETARIAT:

Contact: Fiona Phillips, tel (02) 6250 6658; e-mail: fiona.phillipsATag.gov.au

E. OTHER ISSUES:

If you wish to contact the Copyright Law Branch on another matter, please contact the Assistant Secretary, Copyright Law Branch, Joan Sheedy, (tel: (02) 6250 6313; fax: (02) 6250 5929; e-mail: joan.sheedyATag.gov.au.

Peter Arnaudo (tel: (02) 6277 7300) is the current Departmental Liaison Officer responsible for copyright matters in the office of the Attorney-General, Mr Daryl Williams AM QC MP.

For administrative matters, please contact: Michelle Tippett (tel: (02) 6250 6655; Fax: (02) 6250 5929 e-mail: michelle.tippettATag.gov.au).

WHERE CAN I GET MORE INFORMATION ABOUT COPYRIGHT?

The Copyright Law Branch website is at http://www.law.gov.au/copyright.

The Copyright Law Branch produces a booklet entitled Copyright Law in Australia: A Short Guide. It has recently published an updated version of this guide to reflect recent legislative amendments.

To obtain copies please phone (02) 6250 6655. The updated version is available on-line at http://www.ag.gov.au/agd/www/Securitylawhome.nsf/Page/DDE9E530E5D5ADD6CA256B8900079356?OpenDocument.

Past publications including discussion papers and fact sheets on a variety of issues, are also available on line at:
http://www.ag.gov.au/agd/www/Securitylawhome.nsf/Page/107D174167C51D4FCA256B89000A7F7C?OpenDocument

The Copyright Branch does not give legal advice to members of the public. The Copyright Law Branch can provide Commonwealth Government departments and agencies with legal advice on copyright law matters.

Individual creators with a specific copyright inquiry may be able to obtain advice from the Australian Copyright Council tel: 02 9318 1788. See also the Copyright Council website at http://www.copyright.org.au.

For information on patents, trade marks and designs contact IP Australia on
tel: 1300 651 010 or access information on-line at http://www.ipaustralia.gov.au.

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