Australia has announced reforms to copyright law to support digital access and provide certainty to copyright owners, creators and users.
The federal government says changes will provide a flexible and adaptable framework so Australians can access content in an increasingly digital world.
The announcement outlines adjustments to Australia’s current fair dealing copyright system and appears to take off the table a US-style fair use regime, a path favoured by digital platforms.
Australia has exceptions to copyright, which embeds ownership of a creative work with the author or creator, called fair dealing, such as for reporters to quote parts of a book or for academics to research.
Outside that the owners of copyrighted material need to be asked for permission. Creators argue this ensures they are properly recognised and paid for their efforts.
However, the Productivity Commission in 2016 advocated the introduction of "fair use" which essentially allows use of someone’s work if it is seen as fair.
The commission argued that content creators held on to copyright longer needed and that innovative firms, universities, schools and consumers had to bear this cost.
However, the Australian Society of Authors says “fair use" has enabled large enterprises to use copyright material without payment to the owners.
The prevailing thrust of government policy in Australia is to ensure digital platforms pay for the use of content, with Canberra recently releasing a draft mandatory code to ensure premium publishers are compensated.
The latest statement from the federal government deals more with an increasing digital world and the need for people to access content via means other than paper, which was the prevailing way to transmit to an audience a creative work when the current copyright regime was drafted.
“The need for change has been further highlighted during COVID-19, with schools, universities, cultural institutions and governments moving more services online,” says communications minister Paul Fletcher.
“The reforms will allow the reasonable and necessary use of copyright materials online while also removing administrative burden, meaning these organisations can continue to deliver their services online.”
The reforms will set up a scheme to allow the use of material if the copyright owner cannot be found, introduce a fair dealing exception for non-commercial quotation, simplify and update copyright exceptions for educational and cultural institutions, and streamline the government statutory licensing scheme.
“Australia’s copyright system underpins our creative economy and these reforms provide clear and reasonable public interest access to copyright materials, while maintaining the incentives and protections for content creators,” says Fletcher.
“This builds on the government’s previous work on improving access for the disability, education and cultural sectors and reforming safe harbour legislation, and demonstrates our ongoing commitment to a copyright framework that is fit for the digital age.”
Draft legislation will be released for public consultation later this year.
(DISCLOSURE: Chris Pash is a director of the Australian Society of Authors and a past director of the Copyright Agency.)
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