THE AGD e-NEWS ON COPYRIGHT
Issue 31 - December 2003

2003 marks the 20th anniversary of the CLRC.

The Designs Bill 2003 and Designs (Consequential Amendments) Bill 2003, with government amendments, were passed by the Senate on 4 December 2003 following their passage through the House of Representatives on 26 November 2003. 

The above Bills were introduced into the House of Representatives on 11 December 2002 by Mr Warren Entsch, Parliamentary Secretary to the Minister for Industry, Tourism and Resources. Together the Bills give effect to the Government's response to the Australian Law Reform Commission (ALRC) Report No. 74 on Designs.  On 5 March 2003 the Bills were referred to the Senate Economics Committee which recommended that the Bills be passed.

The Consequentials Bill amends the Copyright Act 1968 (Cth) (Copyright Act) in accordance with the Government Response to ALRC Report No 74 Designs.  Schedule 1 of the Consequential Amendments Bill contains a number of amendments to the Copyright Act.  These amendments relate to the provisions in the Copyright Act (sections 74-77) which limit copyright protection for drawings that become designs for mass-produced industrial products.  The broad policy is that artistic works commercially exploited as three-dimensional designs should generally be denied copyright protection.  However, artistic works exploited as two-dimensional designs continue to receive copyright protection (and may have dual protection if registered as a design).  The ALRC supported the policy underlying sections 74 -77 and the level of protection but recommended amendments to give more clarity and legal certainty.

The amendments will:

• clarify the meaning of the term 'work of artistic craftsmanship';
• amend the definition of 'corresponding design' to deal with certain technical difficulties;
• provide that certain acts do not infringe copyright where they occur in the course of, or incidental to, the making or sale of non-infringing products;
• provide that the exemption for buildings or models of buildings from the effect of section 77 of the Copyright Act does not extend to portable buildings;
• provide that the publication of a complete patent specification or a representation in a design application relating to a corresponding design is deemed to be
• an industrial application of that corresponding design; and
• clarify when industrial application occurs for the purpose of section 77.

A review of the amendments to the Copyright Act contained in the Copyright Amendment (Digital Agenda) Act 2000 (Digital Agenda Act) commenced on 1 April 2003.

Background to the review

When introducing the Copyright Amendment (Digital Agenda) Bill 1999 into the House of Representatives on 2 September 1999 the then Attorney-General, the Hon Daryl Williams, AM QC MP proposed that the operation of the legislation be reviewed within 3 years of commencement.

The Digital Agenda Bill received Royal Assent on 4 September 2000 and the amendments to the Copyright Act commenced on 4 March 2001. The review of those amendments, as foreshadowed by the Attorney-General is being conducted by the Attorney-General's Department and is due to be completed in 2004.

External consultant to conduct major part of review

The fourth round of the Australia-United States Free Trade negotiations were held from 27 to 31 October 2003 in Canberra.  On intellectual property both teams worked to narrow differences and to move negotiations forward.  While a range of matters remain to be resolved, the IP negotiations achieved good progress.   

At its meeting on 3-5 November 2003, the WIPO Standing Committee on Copyright and Related Rights (SCCRR) took another step towards a diplomatic conference to adopt a new treaty on broadcasters' rights.  It agreed on the preparation of a consolidation of the various country treaty-language proposals for the next meeting in June 2004, and foreshadowed deciding then on whether to recommend the scheduling of a diplomatic conference.  The consolidated text will be prepared by the SCCRR Chairman with the help of WIPO staff, and will be circulated to WIPO member countries by 1 April 2004.  At the meeting, the USA maintained its position of wanting the proposed treaty to cover webcasters. This has not been supported by any other country that has spoken.  Although the EC has proposed that broadcasters be given protection for a simultaneous webcast of their over-the-air and cable transmissions.

At the informal meeting convened on 6-7 November 2003 by WIPO on the unfinished treaty on audiovisual performers' rights, the mood was positive and there was useful discussion and exchange of information.  However, no clear way emerged to resolve the deadlock between the USA and EC over whether the treaty should include a provision on the transfer of performers' rights to film producers.

The Attorney-General's Department (AGD) hosted a visit to Canberra by the Deputy Director General of the World Intellectual Property Organisation (WIPO), Mr Geoffrey Yu.  Mr Yu was in Australia to speak at the Copyright Law and Practice Symposium and came to Canberra on 24 November 2003 to meet with representatives from AGD, IP Australia, Department of Forigen Affairs and Trade, and AusAID.  Mr Yu gave a very interesting presentation on the mechanisms for the provision of IP related development assistance.
 
In addition to this meeting, Mr Yu also met with the Copyright in Cultural Institutions Group, comprised of representatives from cultural institutions throughout Canberra.  Mr Yu's presentation mainly focused on the work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
 
 

STAFF UPDATE

We welcome Helen Daniels to the Copyright Law Branch as our new Assistant Secretary, email: helen.danielsATag.gov.au

Responsibility for various policy areas dealt with by the Copyright Law Branch has recently been reassigned. The policy areas and the relevant contact officers are now listed below in alphabetical order for ease of reference.  

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- Australia's participation in World Intellectual Property Organisation (WIPO) activities
- Broadcast royalties for sound recordings
- Collective administration of copyright
- Ergas Report - Review of intellectual property legislation under the Competition Principles Agreement
- Film directors' rights
- International copyright regulations
- Moral rights
- Performers' rights
- Photographs - term of protection
- Statutory licences and related issues

Contact: Chris Creswell, tel: (02) 6250 6312; e-mail: chris.creswellATag.gov.au

- Circuit Layouts Act
- Commonwealth copyright
- Copyright and designs overlap
- Copyright Tribunal appointments
- Designs Bill
- E-commerce issues
- Government response to CLRC Report on Copyright and Contract
- Government response to CLRC Report into the Jurisdiction and Procedures of the Copyright Tribunal
- Government response to CLRC Report into Simplification of the Copyright Act
- Regional copyright and related matters including Asia-Pacific Economic Cooperation

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

- Bilateral copyright issues (including Aust/US Free Trade Agreement)
- Copyright and trade
- Government use of copyright
- IP and protection of arts and cultural expressions of Indigenous people
- WTO copyright issues

Contact: Stephen Fox:  tel (02) 6250 6613, e-mail: stephen.foxATag.gov.au

- Implementation of Digital Agenda amendments and three year review

Contact: Gabrielle Mackey, tel (02) 6250 6236; e-mail: gabrielle.mackeyATag.gov.au
or Simon Cordina, tel: (02) 6250 6608; e-mail: simon.cordinaATag.gov.au

- 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  Helen Daniels email: helen.danielsATag.gov.au

If you wish to speak to the current Departmental Liaison Officer responsible for copyright matters in the office of the Attorney-General, Mr Philip Ruddock, phone: (02) 6277 7300.

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

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