

- Title
Copyright Amendment (Online Infringement) Bill 2015
- Database
Amendments
- Date
12-08-2015 09:32 AM
- Source
Senate
- System Id
legislation/amend/r5446_amend_96608be7-a410-4850-ad76-7fa62289b424
Bill home page


7710
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Copyright Amendment (Online Infringement) Bill 2015
(Amendments to be moved by Senator Ludlam, on behalf of the Australian Greens, in committee of the whole)
(1) Schedule 1, page 3 (before line 4), before item 1, insert:
1A At the end of Part III
Add:
Division 10 — Geoblocking avoidance facilities
83A Geoblocking avoidance facilities
In this Division:
geoblocking avoidance
facility means a device, product, technology or component
(including a computer program) that is used in Australia to
control, disguise or block the geographical location of a person or
device.
For the purposes of this definition, computer program
has the same meaning as in section 47AB.
83B Provision, offer or use of geoblocking avoidance facility does not constitute infringement
(1) If a person either:
(a) provides a geoblocking avoidance facility to another person; or
(b) offers a geoblocking avoidance facility to the public;
then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.
(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.
1B After Division 6 of Part IV
Insert:
Division 6A — Geoblocking avoidance facilities
112F Geoblocking avoidance facilities
In this Division:
geoblocking avoidance facility
means a device, product, technology or component (including a
computer program) that is used in Australia to control, disguise or
block the geographical location of a person or device.
For the purposes of this definition, computer program
has the same meaning as in section 47AB.
112G Provision, offer or use of geoblocking avoidance facility does not constitute infringement
(1) If a person either:
(a) provides a geoblocking avoidance facility to another person; or
(b) offers a geoblocking avoidance facility to the public;
then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.
(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.
[geoblocking]
(2) Schedule 1, item 1, page 3 (lines 13 and 14), omit paragraph 115A(1)(b), substitute:
(b) the online location flagrantly infringes the copyright; and
[flagrancy; facilitation]
(3) Schedule 1, item 1, page 3 (lines 15 and 16), omit “, or to facilitate the infringement of,”.
[facilitation]
(4) Schedule 1, item 1, page 3 (after line 17), after subsection 115A(1), insert:
(1A) To avoid doubt, for the purposes of subsection (1) a virtual private network is not an online location.
[virtual private networks]
(5) Schedule 1, item 1, page 3 (line 26), omit “proceedings.”, substitute “proceedings; and”.
[public interest parties]
(6) Schedule 1, item 1, page 3 (after line 26), at the end of subsection 115A(3), add:
(d) if a person or body with a public interest in the action makes an application to be joined as a party to the proceedings—that person or body.
[public interest parties]
(7) Schedule 1, item 1, page 4 (lines 10 and 11), omit “, or the flagrancy of the facilitation of the infringement,”.
[facilitation]
(8) Schedule 1, item 1, page 4 (lines 14 and 15), omit “, or facilitate an infringement of,”.
[facilitation]
(9) Schedule 1, item 1, page 5 (after line 7), after paragraph 115A(8)(a), insert:
(aa) any other person with an interest in whether or not the injunction should be rescinded or varied; or
[review for interested parties]