Issue 42 - October 2006
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 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. e-News editor: Michelle Tippett, michelle.tippettATag.gov.au
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WHAT’S IN THIS ISSUE?
1. Copyright Amendment Bill 2006 – amendments to the jurisdiction of the Copyright Tribunal – exposure draft and explanatory material
2. WIPO: Proposed Broadcasters’ rights treaty
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1. Copyright Amendment Bill 2006 – amendments to the jurisdiction of the Copyright Tribunal
The Government proposes to introduce the Copyright Amendment Bill 2006 into Parliament next week. Following its introduction the Attorney-General intends to refer the Bill to the Senate Standing Committee on Legal and Constitutional Affairs for consideration and report. It is proposed that the Committee will report on 10 November 2006.
As indicated in the last issue of e-News, the Copyright Amendment Bill will include amendments to the jurisdiction of the Copyright Tribunal. These will implement the Government’s response to recommendations in a report of the Copyright Law Review Committee and in the report by the Ergas Committee on intellectual property laws and competition. The amendments are being exposed on the Department’s website prior to introduction of the Bill to give interested persons and bodies the opportunity to consider them and prepare any comments for submission to the Senate Committee, as also indicated in the last issue of e-News.
The proposed amendments in relation to the Copyright Tribunal will expand the range of questions and issues that can be referred to the Tribunal regarding the operation of the statutory licences in Parts VA and VB of the Copyright Act for copying by educational and certain other institutions. They will give the Tribunal a broad-ranging jurisdiction over all voluntary licences that are offered by a collecting society and enable the Tribunal, in any such proceedings, to have regard to guidelines on licences that will be issued by the Australian Competition and Consumer Commission. The Tribunal will be able to refer the parties to any proceedings before it to alternative dispute resolution.
To access the exposure draft of these proposed amendments and accompanying explanatory material click here.
No further changes will be made to these proposed amendments prior to introduction of the Bill into Parliament The exposure draft is provided to enable more time for interested persons to consider the proposed amendments and whether they wish to make a submission to the Senate Committee on the matters dealt with in these proposed amendments.
2. WIPO: Proposed Broadcasters’ rights treaty
The 15th session of the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright and Related Rights (SCCRR) met in Geneva on 11-13 September 2006 to consider further a draft treaty to update international standards of intellectual property protection of broadcasters. Existing protection is in the Rome (Neighbouring Rights) Convention of 1961, which does not cover cable, satellite or Internet transmission. The SCCRR began considering proposals for a treaty in 1998.
The meeting agreed by consensus to recommend to the WIPO General Assembly that a diplomatic conference should be convened in July 2007 to consider adopting a tre aty based on a draft that was before the meeting and which contained a number of alternatives on various issues remaining to be resolved.
The WIPO press release on the outcome of the meeting can be accessed at: http://www.wipo.int/edocs/prdocs/en/2006/wipo_pr_2006_454.html
The WIPO General Assembly, meeting in Geneva on 25 September to 3 October 2006, approved a variation on the recommendation by the SCCRR. The diplomatic conference will be in November-December 2007 if, at 2 further meetings of the SCCRR in January and June 2007, agreement can be reached on some outstanding issues.
The WIPO press release on the General Assembly’s decision can be accessed at: http://www.wipo.int/edocs/prdocs/en/2006/wipo_pr_2006_460.html
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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
- Fair Use and Copyright Exceptions Review (contact: Norman Bowman, tel: (02) 6250 6324; email: norman.bowmanATag.gov.au)
- Film directors' rights
- Hague Convention work
- International copyright regulations
- Moral rights - Performers' rights
- 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
- 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
- Review of pay tv piracy Contact: Gabrielle Mackey, tel (02) 6250 6608; e-mail: gabrielle.mackeyATag.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
- 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
- Whole of Government approach to intellectual property management 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.
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; e-mail: 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 ob tain 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 availabl
e 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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