Issue 45 - February 2007
AGD e-News on Copyright
Welcome to the first edition of the newsletter of the Copyright Law Branch of the Attorney-General’s Department for 2007.
An HTML version of the eNews 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 Act 2006
2. Fact sheets
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. WIPO Standing Committee on Copyright and Related Rights – special session on broadcasters rights
6. Australian Centre for Intellectual Property in Agriculture (ACIPA) 12th Annual Copyright Conference – Copyright from ‘the Da Vinci Code’ to YouTube
7. Tabling of the CAL 2005 – 06 Annual Report and audited accounts
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1. Copyright Amendment Act 2006
As noted in the previous issue of eNews, the Copyright Amendment Act 2006 was passed by Parliament on 5 December 2006.
The Act received Royal Assent on 11 December 2006. Some of the provisions in the Act commenced on Royal Assent (the new exceptions and responses to the Digital Agenda Review in Schedules 6 – 8 and the Copyright Tribunal provisions in Schedules 10 and 11). The encoded broadcast provisions in Schedule 9 commenced 28 days after Royal Assent (ie 8 January 2007). The remaining provisions (the criminal offences and other provisions in Schedules 1 – 5 and the technological protection measures provisions in Schedule 12) commenced on 1 January 2007.
A consolidated version of the Copyright Act 1968, incorporating the amendments in the Copyright Amendment Act 2006, is now available on ComLaw at: http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/
0/72A2989B7B9A2287CA25726000146EFA?OpenDocument.
A hardcopy reprint of the Act will be available for purchase in the coming months from CanPrint Communications. For further information about purchasing hardcopies of legislation see: http://www.comlaw.gov.au/comlaw/comlaw.nsf/preview/sales?OpenDocument.
Amendments to the Copyright Regulations 1969 were made by the Federal Executive Council on 13 December 2006. The new Regulations establish an infringement notice scheme which underpins the new strict liability offences. The Regulations also provide additional exceptions to liability for circumventing an access control technological protection measure.
A consolidated version of the Copyright Regulations is available on the Federal Register of Legislative Instruments at: http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/
current/bytitle/ECA48D0837896CB7CA257257000251F9?OpenDocument&mostrecent=1.
2. Fact sheets
A series of fact sheets on the new Australian copyright laws have been released by the Attorney-General, the Hon Philip Ruddock MP, including:
• offences for unauthorised pay-TV access;
• jurisdiction of Copyright Tribunal;
• criminal offence provisions;
• customs seizure of imported infringing copies;
• private copying – format-shifting;
• private copying of music;
• parody and satire;
• evidential presumptions;
• technological protection measures liability scheme;
• time-shifting;
• use of copyright material for certain ‘special’ purposes;
• commercial-scale electronic infringements;
• preservation copying;
• educational institutions – performances in the classroom and internet-caching; and
• official copying of library and archive material.
The fact sheets are available to download from the Department’s website from the Copyright Amendment Act 2006 page: http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_IssuesandReviews
_CopyrightAmendmentAct2006.
3. APEC Intellectual Property Rights Experts’ Group (IPEG) meeting
The 24th meeting of the Intellectual Property Rights Experts’ Group (IPEG), a sub-fora group of the Asia-Pacific Economic Cooperation Committee on Trade and Investment, was held at the Hyatt Hotel in Canberra on 23 – 25 January 2007. Australia was represented at the meeting by several Australian Government agencies: the Attorney-General’s Department, IP Australia, the Department of Foreign Affairs and Trade and the Australian Customs Service.
APEC IPEG meetings largely involve information-exchange about intellectual property (IP) rights. In recent times, the IPEG has focused on new technologies, enforcement action against piracy and counterfeiting and free trade agreements. Helen Daniels of the Attorney-General’s Department Copyright Law Branch gave a presentation about Australia’s recent copyright law reforms, and Fiona Phillips, also of the Copyright Law Branch, presented on the enforcement aspects of the reforms.
4. APEC International Intellectual Property Symposium ‘Trading Ideas – the Future of IP in Asia-Pacific’
The ‘Trading Ideas’ Intellectual Property Symposium was held in Sydney on 28 – 30 January 2007. The theme of the Symposium was the future of IP in the Asia-Pacific. The Attorney-General’s Department was a Joint Principal Sponsor of the Symposium with IP Australia. The Symposium was attended by over 500 delegates. The Attorney-General gave the official welcome and opening address. A copy of his speech is available on the speeches page on the Attorney-General’s website http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/speeches.
The Symposium’s program highlighted emerging IP issues, new policy directions, business case studies and issues for IP professionals. Keynote presentations were given by Dr Francis Gurry, Deputy Director General 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. The Symposium culminated in a round-table discussion about the future of IP rights and protection in the Asia-Pacific. Many of the presentations made during the Symposium are available on the Trading Ideas Symposium website http://www.tradingideas.org/.
5. WIPO Standing Committee on Copyright and Related Rights – special session on broadcasters rights
The WIPO Standing Committee on Copyright and Related Rights – special session on broadcasters rights was held in Geneva on 17 – 19 January 2007. Chris Creswell from the Attorney-General’s Department and Mark Dunstone from the Department of Communications, Information Technology and the Arts attended. Further details about the session are available at http://www.wipo.int/edocs/prdocs/en/2007/wipo_pr_2007_473.html.
6. Australian Centre for Intellectual Property in Agriculture (ACIPA) 12th Annual Copyright Conference – Copyright from ‘the Da Vinci Code’ to YouTube
The ACIPA 12th Annual Copyright Conference was held in Brisbane on 16 February 2007. The conference provided up-to-date information and analysis of major IP issues from a range of academic, government, industry, and professional perspectives. The Attorney-General gave the opening address and Helen Daniels, Assistant Secretary, Copyright Law Branch, presented a paper on the new copyright reforms. A copy of the Attorney-General’s speech will be available from the speeches page on the Attorney-General’s website http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/speeches.
Further information about the Conference is available from the ACIPA website http://www.acipa.edu.au/frame_conferences.html.
7. Tabling of the CAL 2005 – 06 Annual Report and audited accounts
On 6 February 2007 the Copyright Agency Limited’s report for 2005 – 06 was tabled in Parliament, as is required by sections 135ZZD and 183D of the Copyright Act. The Annual Report (which includes audited accounts) can be viewed from the following link: http://www.copyright.com.au/publications.htm.
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WHO DO I CONTACT IN THE COPYRIGHT LAW BRANCH?
International and Projects Section
- Australia’s participation in WIPO activities
- 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
- Chile FTA
Contact: Chris Creswell, tel: (02) 6250 6312; e-mail: chris.creswellATag.gov.au.
New Technologies Section
- Government use of copyright
- IP and protection of arts and cultural expressions of Indigenous people
Contact: Peter Treyde, tel: (02) 6250 6788, e-mail: peter.treydeATag.gov.au.
- Orphan works
- Carriage service providers scheme
- Circuit Layouts Act
- Copyright Tribunal appointments
- Review of legal deposit
- Technological protection measures
- Japan FTA
Contact: Kirsti Haipola, tel: (02) 6250 5418, e-mail: kirsti.haipolaATag.gov.au.
- Broadcast royalties for sound recordings
- Copyright and designs overlap
- CLRC Report on Copyright and Contract
- Review of private copying exceptions
Contact: Norman Bowman, tel: (02) 6250 6324, e-mail: norman.bowmanATag.gov.au.
Trade and Enforcement Section
- Bilateral and regional copyright issues (including China, Malaysia, ANZASEAN and GCC free trade agreements and APEC work)
- Copyright and trade
- Enforcement issues
- WTO copyright issues
- Criminal offence provisions
- Statutory review of 2003 amendments
Contact: Fiona Phillips, tel: (02) 6250 6658, e-mail: fiona.phillipsATag.gov.au.
Commonwealth Copyright Section
- 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
- Copyright aspects of other intellectual property legislation
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: <copyrightlawbranchATag.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. An online version is available 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 by telephoning 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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