[Year 12 IPM] Fed Govt review of copyright & 'fair use'

[Bill Kerr]

judging from Philip Ruddock's preamble (I haven't read the whole 52pp yet) 
Australian copyright law hasn't one down the same path as US copyright law 
(yet)

I recently read Lawrence Lessig's book 'Free Culture' and it rang alarm 
bells
http://www.lessig.org/
Lessig has written 4 books and runs a blog, the issues are extremely 
relevant to teachers
Lessig is one of the founders of Creative Commons, important initiative IMO
He is a lawyer, he's not advocating breaking the law, but outlines very 
clearly how the law is being used (changed) to destroy freedom and 
creativity through the internet

current copyright law makes criminals of 20% of americans (43 million) and 
these criminals are being selectively prosecuted to create fear amongst the 
population - mind boggling examples already exist

The issues he raises involve the whole future of the internet, whether the 
free expression we have taken for granted up until now will continue to 
exist or be eliminated by code through law
sorry if this sounds a little alarmist, I'm jsut flagging it for discussion, 
I think it's importatn

copyright law is meant to be a balance between authors rights and releasing 
material into the public domain after a reasonable time so new creators can 
use it for their own creative purposes

that balance has now been destroyed by changes in US copyright law due to 
the powerful lobby groups such as RIAA (Recording Industry Association of 
America)

I'd like (and plan) to write a summary of the issues - like everyone else I 
seem to have little spare time at the moment - but will get around to it 
"one day soon"

anyone else looking at this issue at the moment, I would like to hear - I'm 
uninformed about the situation in Australia

-- 
Bill Kerr
http://billkerr.blogspot.com/
http://intranet.woodvillehs.sa.edu.au/kerrbi/index.htm



On 5/25/05, Donna Benjamin <donna at cc.com.au> wrote:
> 
> Thought this looked relevant to you lot.... and maybe worth passing
> on to Teacher Librarians?
> 
> - D.
> --------------------------------------------------------
> http://www.ag.gov.au/agd/WWW/agdhome.nsf/AllDocs/
> E63BC2D5203F2D29CA256FF8001584D7?OpenDocument
> 
> Fair Use and Other Copyright Exceptions
> An examination of fair use, fair dealing and other exceptions in the
> Digital Age
> Issues Paper - May 2005
> 
> 1. Introduction
> 
> 1.1 The purpose of this paper is to invite comment on whether the
> Copyright Act
> should include a general exception associated with principles of
> 'fair use' or specific
> exceptions which would facilitate the public's access to copyright
> material in the
> digital environment.
> 
> 1.8 Submissions are sought on the issues raised. A number of
> questions that may
> be useful in preparing submissions are included at the end of this
> paper (see section
> 15). Submissions are requested by 1 July 2005.
> 
> 
> Foreword
> ___________________________________________________________________
> 
> The Coalition Government is committed to maintaining an effective and
> relevant copyright
> law that achieves an appropriate balance between the rights of
> copyright owners and
> reasonable access to copyright material for users.
> 
> The Copyright Act 1968 (the 'Copyright Act') gives copyright owners
> certain exclusive rights
> to promote creativity and innovation. However, there are also
> exceptions to these rights
> which allow others, in various circumstances, to use copyright
> material without the
> permission of the copyright owner.
> 
> Digital technologies give people great freedom over when and how to
> use copyright material.
> New forms of expression, entertainment and public communication are
> continuing to emerge.
> These developments in digital technology pose new challenges for the
> policy balance.
> 
> The Government is aware some common personal uses of copyright
> material infringe
> copyright. Examples include transferring music from a CD onto an MP3
> or iPod player or
> copying a television broadcast to view later. Those engaged in such
> uses do not believe they
> are or should be considered copyright pirates.
> 
> Many observers believe copyright law should be reformed to reflect
> public attitudes and
> practices. Some interest groups feel a copyright balance might be
> better maintained in a
> rapidly changing digital environment if the Copyright Act were to
> include an open-ended 'fair
> use' exception that would allow the courts to determine whether a
> particular use of copyright
> material is 'fair' and should be lawful. Others argue the present
> specific exceptions in the Act
> should be amended to make certain uses of copyright material lawful.
> 
> For copyright owners, digital technology offers great opportunities.
> It also poses significant
> threats, with copyright material now easier than ever to copy.
> Copyright owners are
> concerned about increasing copyright piracy and believe it is
> necessary to exercise closer
> control over the way their material is used.
> 
> I seek submissions on ways of addressing these conflicting views and
> canvass options in this
> paper. In particular, I seek views on whether the Copyright Act
> should include more specific
> exceptions or a fair use exception which would facilitate the
> public's access to copyright
> material.
> 
> I appreciate the issues associated with 'fair use' and copyright
> exceptions, including personal
> copying, provoke significant debate amongst copyright owners and
> users. These issues affect
> many Australians from those recording television programs at home to
> others who work in
> Australia's growing copyright industries. These issues should be
> properly considered.
> 
> I encourage those who have a view to make a submission on the options
> proposed in this
> paper for reforming the exceptions to copyright and any other options
> the Government should
> consider.
> 
> Philip Ruddock
> Attorney-General
> 
> 
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