THE AGD eNEWS ON COPYRIGHT
Issue 44 – December 2006Welcome to the sixth edition of the copyright newsletter of the Copyright Law Branch
of the Attorney-General’s Department for 2006.
An HTML version of this newsletter with formatting and links is also available online
at http://www.ag.gov.au/enews.
You may forward this newsletter to friends and colleagues. When quoting from this newsletter, please provide an acknowledgment of source.
Information on how to subscribe or unsubscribe is included at the end of the newsletter.
eNews editor: Johanna Taylor, johanna.taylorATag.gov.au
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WHAT’S IN THIS ISSUE?
1. Copyright Amendment Bill 2006
2. ACCC copyright guidelines released for comment
3. APEC Intellectual Property Rights Experts' Group (IPEG) Meeting
4. APEC International Intellectual Property Symposium 'Trading Ideas - the Future of IP in Asia Pacific’
5. Screenrights Annual Report
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1. Copyright Amendment Bill 2006
The Copyright Amendment Bill 2006 was passed by Parliament on 5 December 2006. The Copyright Amendment Act 2006 will shortly be available on the ComLaw website http://www.comlaw.gov.au/copyrightact1968 and a consolidated version of the Copyright Act 1968 is likely to be available on ComLaw by the end of January 2007.
The Bill is awaiting Royal Assent. Some of the provisions in the Bill will commence on Royal Assent (new exceptions and responses to Digital Agenda review in Schedules 6-8 and Copyright Tribunal provisions in Schedules 10 and 11). The encoded broadcast provisions in Schedule 9 commence 28 days after Royal Assent and the remaining provisions (criminal offences and other provisions in Schedule 1-5 and technological protection measures provisions in Schedule 12) commence on 1 January 2007.
The Bill as introduced and the Government amendments made in the Senate and the Supplementary Explanatory Memorandum are available on the Parliament House website at:
http://parlinfoweb.aph.gov.au/piweb/browse.aspx?path=Legislation%20>%20Current%20Bills%20by%20Title%20>%20Copyright%20Amendment%20Bill%202006
The Attorney-General’s media release on the passage of the Bill along with frequently asked questions about the new laws can be accessed at:
http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Media_Releases_2006_Fourth_Quarter_2272006_-_6_December_2006_-_Australia_leads_the_way_on_Copyright_Reform
The Attorney-General’s media release on the introduction of the Bill can be accessed at:
http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Media_Releases_2006_Fourth_Quarter_1922006_-_19_October_2006_-_A_More_Flexible_Copyright_Regime
The Attorney-General’s media release on the passage of the Bill through the Senate can be accessed at:
http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Media_Releases_2006_Fourth_Quarter_2252006_-_1_December_2006_-_Senate_Passes_Major_Copyright_Reforms
After its introduction into the House of Representatives on 19 October 2006 the Bill was referred to the Senate Standing Committee on Legal and Constitutional Affairs for consideration. The Committee tabled their report on the Bill on 13 November 2006. A copy of the report is available at:
http://www.aph.gov.au/senate/committee/legcon_ctte/copyright06/index.htm
Amendments to the Copyright Regulations 1969 which (a) establish an infringement notice scheme which underpins the new strict liability offences and (b) provide additional exceptions to liability for circumventing an access control technological protection measure are likely to be made by the Federal Executive Council before the end of the year.
The Department will prepare fact sheets on the new reforms that will be available on the Department’s website.
2. ACCC copyright guidelines released for comment
The amendments in the Copyright Amendment Bill 2006 extending the jurisdiction of the Copyright Tribunal provide for it to have regard to relevant guidelines by the Australian Competition and Consumer Commission (ACCC), when asked to do so by a party to a reference or application to the Tribunal regarding voluntary licences or licence schemes.
The ACCC has recently released draft guidelines on copyright licensing and collecting societies and is seeking the comments of interested parties on all aspects of the guide.
A copy of the draft guidelines is available at: http://www.accc.gov.au/content/index.phtml/itemId/771872
Submissions on the draft guide are due by 31 January 2007.
3. APEC Intellectual Property Rights Experts' Group (IPEG) Meeting
The next IPEG meeting will be held at the Hyatt Hotel, Canberra, on 23-25 January 2007. The Attorney-General's Department is co-hosting the meeting with IP Australia.
Likely agenda items include:
• discussion of the IP Chapters of Free Trade Agreements concluded by APEC Member Economies, and
• a review of the IPEG website.
The Attorney-General's Department intends to give presentations on recent Australian copyright law reforms, focusing on the enforcement provisions, that are due to commence on 1 January 2007.
4. APEC International Intellectual Property (IP) Symposium 'Trading Ideas - the Future of IP in Asia Pacific'
The Trading Ideas Symposium will be held at the Hilton Hotel, Sydney, on 29-30 January 2007. The
Attorney-General's Department is a Joint Principal Sponsor along with IP Australia. The Attorney-General, the Hon Philip Ruddock MP, will be giving the opening address at the Symposium on 29 January.
The Symposium will feature speakers from leading and emerging IP offices in the APEC region and beyond. Australian, regional and international business leaders, as well as IP professionals, will participate in the event. Keynote addresses will be given by:
• Dr Francis Gurry, Deputy Director of the World Intellectual Property Organisation (WIPO)
• Ms Alison Brimelow, President Elect of the European Patent Office, and
• Mr Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
Information about the Symposium, including the program and information about accommodation and travel in Australia, can be found on the Symposium’s website (http://www.tradingideas.org/). There are still places available for this key IP event in 2007. As the program indicates there are sessions on copyright on both days. Registration is available online (http://www.tradingideas.org/registration.php) or by telephoning Mr Matthew Forno on +61 2 6283 2500.
5. Tabling of Screenrights annual report in Parliament
The annual report for Screenrights, a declared copyright collecting society under the Copyright Act 1968, was tabled in both Houses of Parliament on 27 November 2006. Screenrights issues licences to educational institutions allowing them to copy TV and radio programs for teaching purposes, and distributes the royalties to its members. In 2005-06, Screenrights’ total income was $22.75 million, a record for the society. The Screenrights annual report for 2005-06 can be viewed at http://www.screen.org/about/annual.html
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WHO DO I CONTACT IN THE COPYRIGHT LAW BRANCH?
International and Projects Section
-Australia’s participation in WIPO activities
-CLRC Report into the Jurisdiction and Procedures of the Copyright Tribunal
-Collective administration of copyright
-CLRC Report on Crown Copyright
-Ergas Report Review of intellectual property legislation under the Competition
-Principles Agreement
-Film directors' rights
-Hague Convention
-International copyright regulations
-Moral rights
-Performers’ rights
-Term of copyright protection
-Statutory licences and related issues
Contact: Chris Creswell, tel: (02) 6250 6312; email: chris.creswellATag.gov.au
Fair Use and Copyright Exceptions Review
-Broadcast royalties for sound recordings
(contact: Norman Bowman, tel: (02) 6250 6324; email: norman.bowmanATag.gov.au)
New Technologies Section
-Carriage service providers scheme
-Circuit Layouts Act
-Copyright and designs overlap
-Copyright Tribunal appointments
-CLRC Report on Copyright and Contract
-CLRC Reports into Simplification of the Copyright Act
-Government response to Digital Agenda Review
-Government use of copyright
-Review of legal deposit
Contact: Peter Treyde, tel: (02) 6250 6788, email: peter.treydeATag.gov.au
Australia-US Free Trade Agreement obligations relating to technological protection measures
Contact: Kirsti Haipola, tel (02) 6250 5418, email: kirsti.haipolaATag.gov.au
Trade and Enforcement Section
-Australian Institute of Criminology research project
-Bilateral and regional copyright issues (including proposed new free trade agreements and APEC work)
-Copyright and trade
-Copyright aspects of other intellectual property legislation
-Enforcement issues
-IP and protection of arts and cultural expressions of Indigenous people
-WTO copyright issues
-Criminal offence provisions
Contact: Fiona Phillips, tel (02) 6250 6658, email: fiona.phillipsATag.gov.au
Commonwealth Copyright Section
-ANAO report on intellectual property policy and practices in Government
-Commonwealth Copyright Administration http://www.ag.gov.au/cca
-Government practice in management of copyright materials, including copyright in
IT systems
-Whole of Government approach to intellectual property management
Contact: Peter Ostergaard, tel (02) 6250 6380, email: peter.ostergaardATag.gov.au
The head of the Copyright Law Branch is Helen Daniels, Assistant Secretary. Ms Daniels can be contacted on
(02) 6250 6313, email: helen.danielsATag.gov.au.
Tim MacKinnon is responsible for copyright matters in the office of the Attorney General, the Hon Mr Philip Ruddock MP and can be contacted on (02) 6277 7300.
For general enquiries telephone (02) 6250 6313; fax: (02) 6250 5929; email:copyrightlawbranch@ag.gov.au.
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WHERE CAN I GET MORE INFORMATION ABOUT COPYRIGHT?
The Copyright Law Branch website is at http://www.ag.gov.au/copyright.
The Copyright Law Branch produces a booklet entitled Copyright Law in Australia: A Short Guide. To obtain copies of the guide please phone (02) 6250 6313. The updated version is available online at http://www.ag.gov.au/copyright/shortguide.
Past publications including discussion papers and fact sheets on a variety of issues, are also available from http://www.ag.gov.au/copyright
The Copyright Law Branch does not give legal advice to members of the public. The Copyright Law Branch can provide federal 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 online at http://www.ipaustralia.gov.au/. Reports of the Copyright Law Review Committee (CLRC) are available at
http://www.ag.gov.au/clrc.
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