
The US Free Trade Agreement Implementation Act 2004 (USFTAI Act) and the Copyright Legislation Amendment Act 2004 (CLA Act) made a series of amendments to the encoded broadcast provisions in Part VAA of the Copyright Act 1968 (the Act). The amendments implement obligations under Article 17.7 of the Australia-United States Free Trade Agreement (AUSFTA). Both the AUSFTA and the encoded broadcast amendments in the USFTAI Act and the CLA Act came into force on 1 January 2005.
The amendments to Part VAA of the Act have strengthened the protection of encoded broadcasts by widening the scope of both criminal and civil liability. In summary, criminal liability will now extend to:
Activity for which civil actions may be brought has also been widened to include:
The amendments to the civil remedy provisions extend the scope of those provisions under the Act which previously applied only to the use of a broadcast decoding device for the purpose of, or in connection with, a trade or business.
Standing to seek civil remedies has also been extended to channel providers and any other person with an interest in the copyright in the content of the encoded broadcast. Previously, standing to initiate civil proceedings under Part VAA of the Act was available only to broadcasters.
The amendments to Part VAA apply to encoded broadcasts regardless of the mode of delivery. In doing so, Australia has gone further than is required by its obligations under Article 17.7 of the AUSFTA by capturing cable signals in addition to satellite signals.
For copies of the USFTAI Act and the CLA Act (and Explanatory Memoranda) visit: www.comlaw.gov.au
If you would like more information on copyright generally visit http://www.ag.gov.au/copyright, or subscribe to the Attorney-General’s Department’s Copyright E-news at http://www.ag.gov.au/www/enewscopyrightHome.nsf