Issue 46 - May 2007
AGD eNews on Copyright
Welcome to the second 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.
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eNews editor: Johanna Taylor, johanna.taylorATag.gov.au.
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WHAT’S IN THIS ISSUE?
1. Accession to WIPO Internet Treaties
2. Increased funding for IP enforcement
3. Management of IP by Australian Government agencies
4. Copyright Act 1968 – Reprint 12 – hard copy now available
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1. Accession to WIPO Internet Treaties
World Intellectual Property Day was celebrated on 26 April 2007. The Government marked the occasion by depositing its instruments of accession to the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT). Both treaties will come into force for Australia on 26 July 2007.
The WCT and WPPT were concluded in December 1996. These treaties represented an important advance in improving international copyright standards to meet the challenges posed in this digital age. The WCT and the WPPT entered into force on March 6, 2002, and May 20, 2002, respectively. Each treaty had to be ratified or acceded to by 30 countries before it entered into force.
The WCT protects literary and artistic works such as books, computer programs, music, photography, paintings, sculpture and films. The WPPT protects the rights of the producers of phonograms or sound recordings (e.g. records, cassettes, CDs), as well as the rights of performers whose performances are fixed in sound recordings.
The main obligations of the treaties were implemented in the Copyright Amendment (Digital Agenda) Act 2000 and the US Free Trade Agreement Implementation Act 2004. Further minor amendments to ensure full compliance with the treaty obligations were included in the Copyright Amendment Act 2006.
Provisions currently set out in Note 2 at the end of the Copyright Act for performers’ moral rights will come into operation when the WPPT enters into force for Australia on 26 July 2007 as new Part IX. In the hard copy reprint of the Copyright Act, these are still to be found in Note 2.
In acceding to the WPPT, Australia lodged three reservations to that treaty to allow for existing exceptions in Australian copyright law. These included one notification under article 3(3) and two notifications under article 15(3). The notification under article 3(3) limits protection for US sound recordings in Australia, where the US does not provide reciprocal protection. The first notification under article 15(3) ensures that the one per cent cap on payments for sound recordings played by radio broadcasters is permissible. The second notification under article 15(3) ensures that the exception in the Copyright Act allowing the public performance of sound recordings by turning up the volume on a radio or television can continue.
Details of Australia’s accession, including text of the notifications under the WPPT, can be found on the WIPO website at http://www.wipo.int/treaties/en/.
The Attorney-General’s media release on accession to the treaties is available at http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/AllDocs/
E8AC29AB4FF5A19FCA2572C9000F9A17?OpenDocument.
2. Increased funding for IP enforcement
The Government has announced in the Budget that it will provide funding of $12.4 million over two years to strengthen the capacity of the Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions (CDPP) to take enforcement action against intellectual property (IP) crime.
The AFP will receive $8.3 million over two years to increase staff to investigate IP crime through targeted enforcement activities. This funding will enhance the capability of the AFP to pursue serious and complex IP crime, particularly where organised or transnational criminal elements are involved. It will also enable the AFP to continue to work closely with industry and other agencies, including overseas agencies in combating this crime type.
The CDPP will receive an additional $4.1 million over two years for new prosecutors and training to enable the prosecution of IP crime and finance the pursuit of proceeds of crime.
A copy of the Attorney-General’s media release is available at
http://www.ag.gov.au/agd/WWW/ministerruddockhome.nsf/Page/
RWPC3D5F029F865498DCA2572D5001707D4.
3. Management of IP by Australian Government agencies
The Attorney-General has announced that the Government has endorsed a Statement of IP Principles for management of intellectual property (IP) by Australian Government agencies. It covers the full range of issues relevant to effective management of IP, including procurement, record keeping, industry development and broader innovation policy, and public access.
All Australian Government agencies which are subject to the Financial Management and Accountability Act 1997 must comply with the requirements of the Statement of IP Principles by 1 July 2008.
The Statement of IP Principles acknowledges the diversity of the functions, circumstances and requirements of agencies across the Australian Government and provides agencies with flexibility in its implementation.
Guidance and advice will be available to agencies soon in the form of an IP Manual for Australian Government Agencies. The Statement of IP Principles is available online at http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_Commonwealth
CopyrightAdministration_StatementofIPPrinciplesforAustralianGovernmentAgencies.
Further information is available by contacting the Commonwealth Copyright Administration.
A copy of the Attorney-General’s media release is available at
http://agnet.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/
Page/RWP230958A59BF02F35CA2572D80002CF67.
4. Copyright Act 1968 – Reprint 12 – hard copy now available
Hard copy reprints of the Copyright Act (Reprint 12) are now available. This reprint incorporates amendments made by the Copyright Amendment Act 2006. Details on ordering copies are available on the ComLaw website: http://www.comlaw.gov.au/comlaw/comlaw.nsf/preview/sales?OpenDocument.
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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
- Singapore FTA
- Chile FTA
Contact: Chris Creswell, tel: (02) 6250 6312; e-mail: chris.creswellATag.gov.au.
New Technologies Section
- Carriage service providers scheme
- Circuit Layouts Act
- Technological protection measures
- Copyright Tribunal appointments
- Orphan works
- Review of legal deposit
- Japan FTA
- US FTA
Contact: Kirsti Haipola, tel: (02) 6250 5418, e-mail: kirsti.haipolaATag.gov.au.
- Government use of copyright
- Libraries, educational bodies and other cultural institutions
- IP and protection of arts and cultural expressions of Indigenous people
Contact: Peter Treyde, tel: (02) 6250 6788, e-mail: peter.treydeATag.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 and ANZ-ASEAN FTAs and APEC, WTO, OECD and Commonwealth Secretariat work)
- Copyright and trade
- Enforcement issues
- Criminal offence provisions
- Statutory review of 2003 amendments
Contact: Sam Ahlin, tel: (02) 6250 6095, e-mail: sam.ahlinATag.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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