The Attourney General is still mulling over the possibility of a “fair use” exception to copyrights in Australia, something the US takes for granted, and makes creepy laws like the DMCA less scary for them. Recently there was a call for submissions on an issue paper. Below is my contribution to the murky pool of IP debate.
Submission to Fair Use and Other Copyright Exceptions
Ms Helen Daniels
Copyright Law Branch
Robert Garran Offices
BARTON ACT 2600
Dear Ms Daniels,
Please find my submission regarding fair use and copyright exceptions listed below.
Firstly, I note that the issues paper states copyright promotes content creation “It does this by providing exclusive economic rights to copyright owners to control certain uses of their works.” I would remark that it is essential that these rights be applied only for a limited time, allowing the entire community to benefit freely from the works when they enter the public domain.
Secondly, I urge the Attorney-General to reform copyright law in
Thirdly, I would urge the addition of a broad fair use exemption to existing laws that is technology neutral and that eliminates anomalies in current laws operation (such as format shifting, time shifting and non-commercial sharing amongst friends).
Fourthly, I would oppose the introduction of any tariff on blank media, as these media can be used for many purposes other than copyright infringement
Fifthly, should either a fair use exemption or a statutory licence be adopted, I would urge that a complementary regulation be adopted to prevent rights holders limiting fair use or statutory licensed copying by technological means.
I thank the Attorney-General for this opportunity to comment.