Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

 

 

 

2010-2011-2012-2013

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

THE SENATE

 

 

 

 

 

Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

(Circulated by authority of Senator Ludlam)

 



 

COPYRIGHT LEGISLATION AMENDMENT (FAIR GO FOR FAIR USE) BILL 2013

 

Outline

 

This Bill amends the Copyright Act1968 to remove digital locks or technical protection measures (TPMs) that restrict accessibility for the visually impaired and disabled.  It also provides a safe harbour legal protection to universities, libraries, schools, cultural institutions and content service providers and ISPs, from being sued for what others may do with materials they have allowed to be accessed.  By removing geocodes that enforce different prices and conditions of use of content by Australian consumers, it removes barriers to Australians purchasing legitimate content from overseas.  The Bill also introduce a fair use/flexible open-ended exception to the Copyright Act to support digital innovation, reflect consumer expectations and promote fair access to collections in Australian cultural institutions.

 

 

   

 

NOTES ON CLAUSES

 

Clause 1 - Short Title

 

1.       This is a formal provision specifying the short title of the Bill.

 

Clause 2 - Commencement

 

2.       The Bill's provisions are to commence the day after it receives Royal Assent

 

Clause 3 - Schedules

 

This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

Schedule 1 - Amendments to the Copyright Act 1968

 

Schedule 1

 

1.       Item 1 is a consequential amendment to the definition of access control technological protection measure.

 

2.       Item 2 provides an explanation of how access control technological protection measures limit an individual’s ability to access content.

 

3.       Item 3 provides a note that outlines when the definition of an access control technological protection measure applies, in those circumstances where geographic market segmentation enforces a different price for people in different geographical areas.

 

4.       Item 4 repeals the current definition of a carriage service provider.

 

5.       Item 5 creates a new definition of service provider as an entity or person providing services relating to, or connections for the transmission or routing of data, or who operates facilities for online services or network access.

 

6.       Item 6 is a consequential amendment to the definition of technological protection measure.



7.       Item 7 creates a new definition of technological protection measures if geographic market segmentation prevent Australians from viewing legally acquired or accessed copyright content.

 

8.       Item 8 omits the term ‘carriage service provider’ from Section 39B and substitutes the new term outlined in Item 5.

 

9.       Item 9 omits the term ‘carriage service provider’ from Section 112 E and substitutes the new term ‘service provider’ outlined in Item 5.

 

10.   Item 10 omits the Division 2AA heading of Part (V) and includes a new heading ‘Limitation on remedies available against service providers.

 

11.   Item 11 omits the term ‘carriage service provider’ from Subsection 116 AA (1) and substitutes the new term ‘service provider’ outlined in Item 5.

 

12.   Item 12 omits the term ‘carriage service provider’ from Subsection 116 AA (1) (Note 3) and substitutes the new term ‘service provider’ outlined in Item 5.

 

13.   Item 13 omits the term ‘carriage service provider’ from Subsection 116 AB (definition of caching) and substitutes the new term ‘service provider’ outlined in Item 5.

 

14.   Item 14 omits the term ‘carriage service provider’ from Subsection 116 AC and substitutes the new term ‘service provider’ outlined in Item 5.

 

15.   Item 15 omits the term ‘carriage service provider’ from Subsection 116 AD and substitutes the new term ‘service provider’ outlined in Item 5.

 

16.   Item 16 omits the term ‘carriage service provider’ from Subsection 116 AE and substitutes the new term ‘service provider’ outlined in Item 5.

 

17.   Item 17 omits the term ‘carriage service provider’ from Subsection 116 AF and substitutes the new term ‘service provider’ outlined in Item 5.

 

18.   Item 18 omits the term ‘carriage service provider’ from Subsection 116 AG and substitutes the new term ‘service provider’ outlined in Item 5.

 

19.   Item 19 details, after subsection 116AG(2), the responsibilities of public or non-profit institution to promote and comply with copyright law, but recognises limits in the extent to which the institution is responsible for the behaviour of persons utilising their services.

 

20.   Item 20 omits the term ‘carriage service provider’ from Subsection 116 AH(1) (table) and substitutes the new term ‘service provider’ outlined in Item 5.

 

21.   Item 21 omits the term ‘carriage service provider’ from Subsection 116 AH(3) and (4) and substitutes the new term ‘service provider’ outlined in Item 5.

 

22.   Item 22 omits the term ‘carriage service provider’ from Subsection 116 AI and substitutes the new term ‘service provider’ outlined in Item 5.

 

23.   Items 23 omits the term ‘carriage service provider’ from Subsection 116 AJ and substitutes the new term ‘service provider’ outlined in Item 5.

 

24.   Item 24 inserts institutions  after subsection 116AN (8) an exemption for visually impaired people or institutions providing services on their behalf, to allow circumvention of technological protection measures to access lawfully purchased content.

 

25.   Item 25 omits the term ‘carriage service provider’ from Subsection 195AVB and substitutes the new term ‘service provider’ outlined in Item 5.

 

26.   Item 26 omits the term ‘carriage service provider’ from Subsection 195AXI and substitutes the new term ‘service provider’ outlined in Item 5.

 

27.   Item 27 repeals Section 200AB

 

28.   Item 28 inserts a f air use provision to the Copyright Act reform which shifts Australian law to the US model. Such a technically neutral doctrine would allow the law to respond to developments in technology.



 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Providing fairer access to copyrighted information

1.1                   The Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview

1.2                   The purpose of the Bill is to enhance the human right to information.  In particular, it removes obstacles to blind, visually impaired and print disabled people accessing information contained in published works in formats such as Braille, large print text and audio books.  Removing this obstacle restores the right to equal opportunity to the visually impaired. 

1.3                   The Bill seeks to reverse the discrimination currently experienced by Australian consumers who are paying more for software, hardware, games, music and DVDs.

1.4                   The Bill outlines the responsibilities educational institutions and libraries have to encourage and promote the respect for copyright while protecting them from prosecution for facilitating access to information, recognised as a right under Article 19 of the Universal Declaration of Human rights.

1.5                   The Bill also seeks to balance the rights of content holders and creators to benefit from the commercial sale of their creative works, and the rights of citizens to share and create information in the digital age.

Human rights implications

1.6                   This Bill is an express effort to restore Australians enjoyment of Article 19 of the Universal Declaration of Human Rights relating to the right to freedom of opinion and expression without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Conclusion

1.7                   This Bill is compatible with human rights; it strengthens human rights in Australian law that reflects the deliberations and resolutions of the UN human rights machinery.

 

 

Senator Ludlam