| The Copyright Amendment Bill passed the Senate and House of Representatives on December 4th 2006. After pressure from individuals and groups, several positive amendments to the original bill described below were made - more information is available at Kim Weatherall's weblog. |
The Copyright
Amendment Bill is draft legislation currently being fast-tracked
through the Australian Parliament for debate in early November 2006. The Bill is
large (over 200 pages) and complex. It implements Australia's obligations on
legal protection of Technological Protection Measures under the U.S.-Australia free trade agreement
(required to be done by 1 January 2007) by rewriting Australia's current
flexible TPM provisions. It also implements the recommendations of the recent
inquiry on Fair Use and Copyright Exceptions by introducing new time and space
shifting exceptions.
Unfortunately, at the same time it also narrows one of the existing fair dealing exceptions for research and study. Another part introduces new strict liability and summary copyright offences and lowers the standards for applying criminal penalties for copyright infringement, thus increasing the chances that everyday Australians will be held guilty of new criminal copyright offences. Taken as a whole, the Bill shifts the balance of Australian copyright law by favouring copyright owners over consumers. If you're concerned about the future of Australian copyright, write to your MPs and Senators to demand more time for public debate and a detailed assessment of the Bill's far-reaching changes.
The Senate Standing Committee that is tasked with reviewing the Bill will be issuing its report on November 10. A very limited public hearing will take place in Canberra on November 7. Writing to or calling your representatives before then is critical!
If you are registered to vote in New South Wales, the Northern Territory, Queensland, or South Australia, one or more of your Senators is on the key Senate Standing Committee on Legal and Constitutional Affairs. You can find their contact details below. It's possible to email Senators, but faxing a letter or calling will have more impact.
Marise Payne (Chair) Phone: (02) 6277 3810 Fax: (02) 6277 3811
Trish Crossin (Deputy Chair) Phone: (02) 6277 3777 Fax: (02) 6277 3661
Scullion (Committee Member) Phone: (02) 6277 3436 Fax: (02) 6277 3704
Andrew Bartlett (Committee Member) Phone: (02) 6277 3406 Fax: (02) 6277 3087
George Brandis (Committee Member) Phone: (02) 6277 3547 Fax: (02) 6277 3552
Joe Ludwig (Committee Member) Phone: (02) 6277 3460 Fax: (02) 6277 5708
Russell Trood (Committee Member) Phone: (02) 6277 3637 Fax: (02) 6277 5766
Some Tips for Effective Communication:
Thanks, and remember, you can make a difference!
Your Name Here Your Address Here City STATE Postcode Politician's Name Politician's Title Parliament House Canberra ACT 2600 Australia Dear Senator Name COPYRIGHT AMENDMENT BILL 2006 I am writing to express my concerns about the Copyright Amendment Bill 2006. If passed in its current form, this Bill will destroy the balance struck by Australia's current copyright law by favouring copyright holder interests over the rights of consumers. This bill needs to be taken off the Parliamentary fast track and given far greater scrutiny before it becomes law. The Bill introduces changes that will substantially lower the bar for criminal penalties under the Act, increasing the likelihood of individuals being held criminally liable for ordinary, legitimate activities. For example, using a computer to copy music onto two different iPods or playing a radio in a park that is a place of public entertainment could trigger provisions in the Bill. These actions may be punishable under the proposed law by fines of up to $6600 or even gaol time. The Bill also limits the concept of "fair dealing" for research and study. Under the new legislation, researchers and students can use less than ten percent of a work, but if they use eleven percent or more -- even if the use is necessary for critical research -- they could be sued or imprisoned. It is unacceptable in an information age, where information workers are driving the economy, to limit the ability of students and researchers to make fair copies of important copyright material. I am also concerned that the Bill will give copyright owners wide ranging powers to use Technological Protection Measures (TPMs) to restrict the use of copyright materials as they see fit, without the need for a clear link between the TPM and the prevention or inhibition of copyright infringement. This undermines the High Court of Australia's decision in Stevens v Sony, which held that TPMs that controlled only access would not be protected and highlighted the importance of ensuring Australians have the liberty to use their legally acquired property as they wished. To compound these problems, I am concerned that the Bill is being rushed through Parliament. This process does not allow for adequate public scrutiny of the proposed changes, despite that fact that, with the exception of the TPM provisions in Schedule 12 of the Bill (which are covered by the U.S.-Australia Free Trade Agreement), there is no reason for the rest of the Bill to be considered on such a time-pressured timeframe. The Copyright Amendment Bill 2006 will substantially affect the rights of Australian consumers. As my democratically elected representative, I hope you carefully review the proposed amendments and trust the concerns that I have outlined above will be taken into account in your consideration of the Bill. Yours truly, Your name
