In his keynote address to the 15th Biennial Copyright Symposium, the Attorney General, the Hon. Robert McClelland MP, announced the intended focus of the terms of reference he intends to provide to the Australian Law Reform Commission (ALRC) in respect of an ALRC inquiry into copyright.
Mr McClelland said:
The inquiry will seek a review of whether the exceptions in the Copyright Act are adequate and appropriate in the digital environment. Currently the Copyright Act has general exceptions to the rules regarding infringement of copyright. These include: fair dealing, the 10 per cent rule and private copying when format-shifting, time-shifting or for special purposes.There are also specific exceptions such as allowing the making of a copy of a computer program resulting from the process of normal use of the program or for back-up purposes. However, in a fast changing, technologically driven world it is vital for us to see whether [the] existing statute is appropriate and whether it can be improved.
Mr McClelland said his department is consulting with the ALRC and intends to release the proposed terms for comment before the end of the year.
The issue of fair dealing has long been a matter for debate and was the subject of a 1998 review by the Copyright Law Review Committee which recommended a move to a more flexible system while retaining the current exceptions. However, the proposal never gained enough traction to result in legislative change. Technological changes since then have underlined the need to revisit this area again and the announcement of the review is to be welcomed.
Partner: Charles Alexander
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