Australia-United States Free Trade Agreement - changes to Australian copyright law - March 2005
The Australia-United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005.
A number of amendments were made to Australia's copyright law in late 2004 to meet particular obligations under the AUSFTA. The main changes include the following:
- performers were given economic and moral rights in their sound recordings and moral rights in their live and recorded performances
- criminal offences were broadened to target copyright infringements undertaken for commercial advantage or financial gain and significant infringements on a commercial scale
- new provisions were introduced in relation to the unauthorised receipt and use or distribution of encoded broadcasts
- the term of protection for most copyright material was extended by 20 years
- a new scheme was introduced to limit remedies available against Carriage Service Providers who help copyright owners combat online piracy
- protection against a wider range of unauthorised reproductions was introduced
- protection for electronic rights management information was extended
Most of these changes came into effect on 1 January 2005. These are the latest consolidated versions of the Copyright Act 1968 and the Copyright Regulations.
Fact sheets on these changes are available below.
- New performers' rights in sound recordings
- Amendments to criminal law provisions
- Amendments to encoded broadcast provisions
- Extension of copyright term
- Limitations on remedies for copyright infringement against carriage service providers
- Exception for the normal use of copyright material
- Electronic rights management information
To view an online guide to the Australia-US FTA, go to www.fta.gov.au
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