Copyright (New Technologies and Performer’s Rights) Amendment Bill
The Copyright (New Technologies and Performer’s Rights) Amendment Bill was introduced into Parliament late last year and is currently being considered by select committee.
The Bill aims to:
- update the Copyright Act 1994 so that the Act is technology neutral
- ensure that the Act is robust in the digital age.
There are a number of interesting changes proposed by the Bill. However, the select committee is yet to review written submissions and hear oral submissions on the draft Bill. It will be interesting to see what, if any, changes the select committee proposes to the draft Bill before it becomes law.
Technical protection measures (TPMs)
A TPM is an electronic method of preventing unauthorised access to, or unauthorised copying of, copyright material. Examples of TPMs are the AAC music format used by iTunes, and the Sony XCP compact disc copy protection.
In its current form the Bill (with a limited exception) will make it unlawful to make, import, sell, let for hire, offer or expose for sale or hire, or advertise for sale or hire, a TPM spoiling device that is likely to be used to infringe copyright. Surprisingly the Bill does not propose to make it an offence to use a TPM spoiler to circumvent a TPM.
Liability of internet service providers (ISPs)
A big issue for ISPs is how to avoid liability for infringement of copyright by people who use their services. ISPs do not want to be liable for infringement of copyright material they carry or store. The Bill recognises this issue and attempts to deal with it.
Copying of sound recordings for private and domestic use
Many people who purchase a CD will copy the CD on to their computer, copy the tracks to an MP3 player, and possibly even burn a copy of the CD to use in the car. The Bill proposes a change to the law that acknowledges this practice takes place and allows the practice, in limited circumstances, to continue.
This proposal is that the owner of a sound recording that is protected by copyright be allowed to make a limited number of copies of that sound recording. Provided the owner retains the original sound recording they can make a copy for the computer, an MP3 player, and for the CD player in the car.
The surprise in the Bill is that this exception is limited to a two year period from when the amendment comes in to force. This restriction seems absurd when the purpose of making the amendment is to bring the law into line with what is already taking place. It will also mean that copying of this type before and after the clause is in force will infringe copyright.
Read the full article.
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