Final terms of reference for copyright inquiry

Posted by Emily Hawcroft and Charles Alexander

The Commonwealth Attorney General has now released the final Terms of Reference for the Australian Law Reform Commission's (ALRC) Inquiry into Copyright.

Following more than 60 submissions in relation to the draft Terms of Reference, the Inquiry will now consider whether the statutory licences, as well as the exceptions, in the Copyright Act 1968 (Cth) are adequate and appropriate in the digital environment.

The Terms of Reference also provide that the ALRC is to consider whether further exceptions should:

• recognise fair use of copyright material;
• allow transformative, innovative and collaborative use of copyright materials; and
• allow appropriate access and use of copyright material online for social, private or domestic purposes.

The Terms of Reference will require consideration of approaches in other countries, and in particular the doctrine of fair use in the United States, as well as local developments, such as the Full Federal Court's decision in relation to Optus' TV Now service, which has thrown up debate on where the boundaries of use of copyright material for private or domestic purposes should be drawn.

The Inquiry will be of particular interest to participants in Australia's growing digital economy as well as those that rely on the current statutory licences and exceptions to copyright infringement, such as educational institutions, broadcasters and publishers.

The ALRC is intending to release an Issues Paper by August 2012 and will be calling for submissions at that time. The Final Report with the ALRC's recommendations for reform is due in November 2013.