ALRC Copyright Review

The Australian Attorney-General has released draft Terms of Reference for the 'Copyright and the Digital Economy' review by the Australian Law Reform Commission (ALRC).

Release of the draft Terms follows announcement of the review, to be headed by Professor Jill McKeough, earlier this year.

The A-G states that -

Having regard to:

· the objective of copyright law to promote the production of original copyright materials; · the need for copyright law to provide an appropriate balance between the rights of creators and the rights, interests and expectations of users and the public so as to foster creativity and innovation and promote cultural development;

· the importance of the digital economy and the opportunities for innovation leading to national economic and cultural development created by the emergence of new digital technologies; and · Australia’s international obligations, including any existing or proposed international obligations.

I refer to the ALRC for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996 the matter of whether the exceptions in the Copyright Act 1968, are adequate and appropriate in the digital environment.

The draft Terms of Reference continue that -

Amongst other things, the ALRC is to consider whether further exceptions should be provided to:

· facilitate legitimate use of copyright works to create and deliver new products and services of public benefit; and

· allow legitimate non-commercial use of copyright works for uses on the internet such as social networking.

In undertaking that reference the Commission is to -

- take into account the impact of any proposed legislative solutions on other areas of law and their consistency with Australia’s international obligations;

- take into account recommendations from related reviews, in particular the Government’s Convergence Review; and

- not duplicate work being undertaken on:

unauthorised distribution of copyright materials using peer to peer networks;

the scope of the safe harbour scheme for ISPs;

a review of exceptions in relation to technological protection measures; and

increased access to copyright works for blind and visually impaired people.

The ALRC is to report no later than 30 November 2013.

Public comments on the draft Terms are due (going to the A-G) by 27 April.