Issue 38 - December 2005
AGD e-News on Copyright
Welcome to the fourth edition of the copyright newsletter of the Copyright Law Branch of the Attorney-General's Department for 2005.
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.
e-News editor: Angela Tsongas, angela.tsongasATag.gov.au
WHAT’S IN THIS ISSUE?
1. Copyright Amendment (Film Directors’ Rights) Act 2005
4. Attorney-General opens the Copyright Law and Practice Symposium
5. Tabling of collecting societies’ annual reports in Parliament
Go to the end of the e-News for answers to the following questions:
- Who do I contact in the Copyright Law Branch?
- Where can I get more information about copyright?
- How can I subscribe to this newsletter?
1. Copyright Amendment (Film Directors’ Rights) Act 2005
The substantive provisions of the Copyright Amendment (Film Directors' Rights) Act 2005 (the Act) came into force by proclamation on 19 December 2005. The Act amends the Copyright Act 1968 to give, for the first time, film directors a copyright in the films they direct. The Act provides rights to directors to share, as copyright owners, in remuneration for the retransmission of films included in free-to-air broadcasts. A fact sheet on the Act is available from the Attorney-General’s Department’s website at <http://www.ag.gov.au/filmdirectors>. The text of the Act and the commencement proclamation can be accessed at http://www.comlaw.gov.au.
The Copyright Law Branch has been working closely with the Department of Foreign Affairs and Trade (DFAT) and other agencies on intellectual property issues in relation to the four Free Trade Agreements (FTAs) Australia is currently negotiating. A series of negotiations took place during 2005, the most recent being with ASEAN and New Zealand, China and the United Arab Emirates between October and December 2005. 2006 will be another active year, with further negotiating rounds scheduled with ASEAN and New Zealand, Malaysia, China and the United Arab Emirates between February and April.
Copyright stakeholders have been active in making submissions to DFAT on the various FTAs under negotiation. There has also been strong participation by copyright stakeholders in the FTA IP Consultative Group convened by DFAT in June and November. This is an important part of the FTA process. Stakeholders are encouraged to raise any copyright-related FTA issues directly with DFAT or with the Copyright Law Branch.
Information in relation to Australia’s existing FTAs (with New Zealand, Singapore, Thailand and the United States) and the FTA negotiations currently underway with China, Malaysia, the United Arab Emirates and the 10 ASEAN countries is available on the DFAT website. Interested persons can also subscribe to DFAT’s free email newsletters that provide updated information on each of the current FTAs, including summary reports on each round of negotiations. A list of FTA-related websites follows:
- Website on concluded FTAs: http://www.fta.gov.au
- Newsletters on Australia’s free trade agreements with the United States and Thailand: http://www.fta.gov.au/Default.aspx?ArticleID=1253
- Australia-ASEAN-New Zealand FTA negotiations: http://www.dfat.gov.au/trade/fta/asean/index.html
- Australia-China FTA negotiations: http://www.dfat.gov.au/geo/china/fta/
- Australia-UAE FTA negotiations: http://www.dfat.gov.au/geo/uae/fta/index.html
- Australia-Malaysia FTA negotiations: http://www.dfat.gov.au/geo/malaysia/fta/index.html
3. 13th session of the World Intellectual Property Organisation Standing Committee on Copyright and Related Rights
The 13th session of the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright and Related Rights (SCCRR) met in Geneva on 21-23 November to consider further a draft treaty to update international standards of intellectual property protection of broadcasts. Existing protection is in the Rome (Neighbouring Rights) Convention of 1961 which does not cover satellite, cable or Internet transmission. The Australian delegation was led by a representative of the Copyright Law Branch and included a representative of the Department of Communications, Information Technology and the Arts. The negotiations at the meeting maintained progress towards development of a draft treaty for consideration at a diplomatic conference, possibly in early 2007. Documentation under consideration at the SCCRR meeting can be accessed at <http://www.wipo.int/meetings/en/details.jsp?meeting_id=9289>. The WIPO press release on the outcome of the SCCRR meeting can be accessed at http://www.wipo.int/edocs/prdocs/en/2005/wipo_pr_2005_431.html.
4. Attorney-General opens the Copyright Law and Practice Symposium
The Attorney-General, the Hon Philip Ruddock MP, delivered the opening address at the Copyright Law and Practice Symposium in Sydney on 17 November 2005. A copy of the Attorney-General’s address is available on the National Library for Australia Pandora Archive website.
5. Tabling of collecting societies’ annual reports in Parliament
The annual reports for declared copyright collecting societies under the Copyright Act 1968 have been tabled in Parliament. The Screenrights Annual Report was tabled in both Houses of Parliament on 8 November 2005. The report can be viewed at <http://www.screen.org/about/annual.html>. The Copyright Agency Limited Annual Report was tabled in the House of Representatives on 8 December 2005 and is expected to be tabled in the Senate in early February 2006. The report can be viewed at http://www.copyright.com.au/corporate/AnnualReport0405.pdf.
WHO DO I CONTACT IN THE COPYRIGHT LAW BRANCH?
International and Projects Section
- Co-ordination of work on the implementation of the copyright aspects of the Australia–US Free Trade Agreement
- Australia’s participation in WIPO activities
- Broadcast royalties for sound recordings
- 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 work
- International copyright regulations
- Moral rights
- Performers' rights
- Private copying and fair use issues
- Term of copyright protection
- Statutory licences and related issues
Contact: Chris Creswell, tel: (02) 6250 6312; e-mail: chris.creswellATag.gov.au
New Technologies Section
- Australia-US Free Trade Agreement obligations relating to technological protection measures (contact: Peter Treyde, tel: (02) 6250 6788, e-mail: peter.treydeATag.gov.au)
- Carriage Service Providers scheme
- Circuit Layouts Act
- Copyright and designs overlap
- Copyright Tribunal appointments
- Digital Agenda Amendments Review
- CLRC Report on Copyright and Contract
- CLRC Reports into Simplification of the Copyright Act
- Review of Legal Deposit
- Review of Pay TV piracy
Contact: Gabrielle Mackey, tel (02) 6250 6608; e-mail: gabrielle.mackeyATag.gov.au
Trade and Enforcement Section
- 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
- Government use of copyright
- IP and protection of arts and cultural expressions of Indigenous people
- WTO copyright issues
- Resale royalty
- Review of the criminal offence provisions
Contact: Fiona Phillips, tel (02) 6250 6658, e-mail: 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
Contact: Peter Ostergaard, tel (02) 6250 6380, e-mail: 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, e-mail: helen.danielsATag.gov.au.
Mr Tim MacKinnon is responsible for copyright matters in the office of the Attorney-General, the Hon Mr Philip Ruddock MP, please phone: (02) 6277 7300.
For general enquiries telephone (02) 6250 6313; fax: (02) 6250 5929; e-mail: copyrightlawbranch@ag.gov.au.
WHERE CAN I GET MORE INFORMATION ABOUT COPYRIGHT?
The Copyright Law Branch website is at<http://www.ag.gov.au> and follow these links, The Department, Portfolio Responsibilities, Copyright Law.
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 on the National Library for Australia Pandora Archive website.
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 are available at http://www.ag.gov.au/clrc.
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