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Thursday, 4 May 1989
Page: 1763

Senator TATE (Minister for Justice)(11.14) —Senator Macklin asked, first, what might count as subject matter other than works. If he looks at section 85 and those that follow he will get some idea of the definitions of sound recordings, cinematograph films, television broadcasts and sound broadcast. Obviously, that is the area that we are talking about. It falls outside the fair dealing provision of section 40 subsection (1) and following provisions.

It also should be noted that, under the blank tape royalty scheme, students may copy sound recordings. That will be able to be undertaken in that particular area. We are talking about the need to provide a system. We are talking about an overall system that, so far as possible, allows to be properly remunerated the creative endeavours of a person who puts something down, for example, let us say, on film.

In relation to the educational institution environment and so on, one has many students who obviously have access to libraries where videotapes, film material and television broadcasts are stored on tape. One of the factors which have led to the decision not to have a fair dealing provision inserted in the clause is the problem of abuse.

Senator Hill —Has it been specifically addressed or is it just one of these areas that has yet to be considered?

Senator TATE —It has been thought about.

Senator Hill —Who has been thinking about it?

Senator TATE —We have been thinking about it, Senator. I am using `we' in the larger sense, not referring to me specifically, up to this moment. The fact is that, where one has the technology available to allow students to copy videos that are of interest to them, even apart from their tutorial assignments, one has the situation where possible abuse could occur. There is a potential there which would lead to great difficulty in monitoring the copy that has been made to provide for a three-minute presentation to a tutorial group as opposed perhaps to obtaining a video of a favourite program for enjoyment.

It is in that context and in the overall context of trying to ensure that those who make these films and contribute to their production that it is important that they be remunerated for any copying of their work. The Government believes that the sorts of situations which Senator Macklin has pointed to ought to be met by some contribution from the educational institution concerned for the creative endeavours that have gone on behind that particular production.