Issue 48 - January 2008
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 2008.
An HTML version of the e-News newsletter with formatting and links is also available online.
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e-News editor: Kirsti Haipola – mailto:kirsti.haipola@ag.gov.au
WHAT’S IN THIS ISSUE?
1. Review of new format shifting exceptions
2. Guidelines for bodies seeking prescription as a key cultural institution now available
3. Copyright Infringement Notice Guidelines
4. Update on Australian Free Trade Agreement negotiations
5. Information about the Copyright Law Branch
6. More information
1. Review of new format shifting exceptions
The Attorney-General has invited public submissions on the operation of two new copyright exceptions that permit ‘format shifting’. These exceptions are sections 47J and 110AA of the Copyright Act 1968 which permit photographs and cinematograph films to be reproduced in a different format for private use, subject to certain conditions.
The review will enable the Government to determine if sections 47J and 110AA are operating satisfactorily or whether either provision should be modified in some way.
Sections 47J and 110AA were introduced by the Copyright Amendment Act 2006 and commenced on 11 December 2006. The Act also requires that a review of the operation of these provisions be carried out by 31 March 2008.
Details of the review are provided in an issues paper available on the Attorney-General's Department web-site at http://www.ag.gov.au/www/agd/agd.nsf/Page/
Copyright_IssuesandReviews_Copyingphotosandfilmsforprivateuse
2. Guidelines for bodies seeking prescription as a key cultural institution now available
On 25 January 2008 guidelines were published on the Attorney-General’s Department website to assist bodies seeking to be prescribed as ‘key cultural institutions’ under the Copyright Act 1968.
Under new provisions introduced into the Copyright Act in 2006, Australia’s key cultural institutions can now make three copies of items of historical or cultural significance in their collection for preservation.
Libraries and archives with a statutory function to develop and maintain a collection, for example, the National Library of Australia, are already considered to be key cultural institutions.
The provisions also provide that the Attorney-General may, through the regulation making power, prescribe particular bodies administering libraries and archives to be key cultural institutions.
The new guidelines provide background to the current preservation and copying provisions in the Copyright Act and should assist these bodies with their applications.
A copy of the guidelines is available at http://www.ag.gov.au/www/agd/agd.nsf/Page/
Copyright_PrescriptionasaKeyCulturalInstitution
3. Copyright Infringement Notice Guidelines
Amendments to the criminal offence provisions of the Copyright Act 1968 came into force in January last year. These included the introduction of an infringement notice and forfeiture of infringing copies and devices scheme as an alternative to prosecution in relation to strict liability copyright offences.
The scheme aims to streamline the administration of the copyright enforcement provisions by enabling these lower level offences to be dealt with in a more cost effective and expeditious way.
The Attorney-General's Department, in consultation with the Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions, has been developing guidelines to assist law enforcement with the administration of this scheme. A draft of the guidelines was released for public consultation on the Department’s website and through the e-News in September 2007.
Submissions were requested by 5 October 2007.
Seventeen responses were received from a range of copyright users and rights holder’s groups, as well as individuals. As a result of this consultation process, and in response to issues and concerns raised by these submissions, the draft guidelines have undergone further revision.
The cooperation of State and Territory law enforcement is an important part of ensuring that the infringement notice scheme is effectively implemented. As a consequence, the Attorney-General's Department is currently consulting on the draft guidelines with State and Territory police services to ensure the final guidelines will be a useful tool in enforcing copyright offences.
It is anticipated that the guidelines will be finalised in the first half of 2008.
A copy of the draft guidelines is available at http://www.ag.gov.au/www/agd/agd.nsf/Page/
Copyright_CopyrightInfringementNoticeScheme
4. Update on Australian Free Trade Agreement negotiations
The Copyright Law Branch continues to work closely with the Department of Foreign Affairs and Trade (DFAT), IP Australia, and other agencies on the IP issues in relation to the Free Trade Agreements (FTAs) Australia is currently negotiating.
Chile
Progress is being made on drafting an IP chapter in FTA negotiations with Chile. Having commenced negotiations mid 2007, the second round of negotiations was held in October and discussions on IP have continued intersessionally with exchanges of information. Negotiations on IP will take place at the next round scheduled for the end of January 2008.
China
Negotiations for an Australia-China FTA began in May 2005 with ongoing negotiations (except in October 2007, at China's request) including detailed discussion on the content of a proposed IP chapter. The next round of negotiations is scheduled for May 2008 in Beijing.
Gulf Cooperation Council
The second round of negotiations between Australia and the GCC on an FTA took place in November 2007. These discussions included sessions on IP during which Australia and the GCC provided information about their respective IP systems.
A third round of negotiations has been scheduled for March 2008, pending confirmation from the GCC.
Japan
The third round of FTA negotiations with Japan took place in November 2007. Discussions produced a better understanding of each side’s regulatory regime. Additional information has been exchanged ahead of further detailed consideration of draft text at the next round currently scheduled for late February 2008.
Malaysia
Leads and co-chairs of all working groups, including IP, met on 1 October 2007 in Kuala Lumpur to map a way forward for the negotiations. A number of Malaysia’s key negotiators had changed since the last full negotiating session. Both sides noted the considerable work undertaken in the negotiations with the development of draft chapter text and exchange of initial tariff offers. It was acknowledged there had been slippage in the negotiations due in part to changes in Malaysia’s personnel and a heavy trade agenda. It is anticipated that further intercessional meetings will be held as necessary during early 2008 in preparation for a full negotiating round, including IP, by mid-year.
Australia, New Zealand and the Association of Southeast Asian Nations (ASEAN)
In early 2005, Australia and New Zealand commenced negotiations on an FTA with the 10 ASEAN countries. In the early negotiating rounds progress in the area of IP was slow; however discussions gathered momentum in the 10th round, held in Perth on 31 July to 3 August 2007.
Agreement on the inclusion of an IP chapter in the FTA was reached in late 2007, opening the door for the first meeting of the Experts Group on IP at the 12th round of negotiations held in Cambodia in December 2007. The group made progress towards achieving agreement on a framework for taking IP issues forward. A consolidated draft text on IP was developed with a number of articles agreed in principle, including substantive articles on national treatment and government use of software.
The next round of the negotiations is scheduled to be held in Jakarta in March 2008.
5. Who do I contact in the Copyright Law Branch?
New Technologies Section
- Broadcast royalties for sound recordings
- Copyright and designs overlap
- CLRC Report on Copyright and Contract
- Review of format-shifting exceptions
Contact: Norman Bowman, tel: (02) 6250 6324,
e-mail: norman.bowman@ag.gov.au
- Internet service providers
- Technological protection measures
- Copyright Tribunal appointments
- Issues affecting people with a disability
- Orphan works
- Review of legal deposit
- Japan, US FTA
- E-commerce issues
- Circuit Layouts Act
- Electronic Transactions Act
Contact: Kirsti Haipola, tel: (02) 6250 5418, e-mail:
kirsti.haipola@ag.gov.au
- Government use of copyright
- Libraries, educational bodies and other cultural institutions
- IP and protection of arts and cultural expressions of Indigenous people
- Resale royalty for visual artists
Contact: Peter Treyde, tel: (02) 6250 6788, e-mail:
peter.treyde@ag.gov.au
Trade and Enforcement Section
- Bilateral and regional issues (including China, Malaysia, GCC and ANZ-ASEAN FTAs and APEC, WTO and OECD)
- Copyright and trade
- Enforcement issues
- Criminal offence provisions
- Statutory review of 2003 amendments
Contact: Gabrielle Mackey, tel: (02) 6250 6608,
e-mail: gabrielle.mackey@ag.gov.au
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, Chile FTAs
Contact: Chris Creswell, tel: (02) 6250 6312; e-mail:
chris.creswell@ag.gov.au
Commonwealth Copyright Section
- Commonwealth Copyright Administration http://www.ag.gov.au/cca
- Government practice in management of copyright materials
- Whole of Government approach to intellectual property management
- Copyright aspects of other intellectual property
legislation
Contact: Elena Down tel: (02) 6250 6380, e-mail:
elena.down@ag.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.daniels@ag.gov.au
Adele Langton is responsible for copyright matters in the office of the Attorney‑General, the Hon Robert McClelland 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
6. More information
Where can I get more information about copyright?
The Copyright Law Branch website is at http://www.ag.gov.au/copyright
Past publications, including discussion papers and fact sheets on a variety of issues, are also available.
Previous reports of the Copyright Law Review Committee which is no longer in existence are also available.
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.
For information on patents, trade marks and designs and plant breeders rights, contact IP Australia by telephoning 1300 651 010.
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