overview
background
Australian law
overseas law
agencies
advocacy
tools
texts
patents
names & links
ECMS
fair use
Indigenous
North-South
online music
plagiarism
moral rights
duration
email & news
|
Australian law
This page deals with the
Australian legislation, currently undergoing major
changes to address the challenges
of new technologies.
context
Intellectual property protection in
Australia, as in all advanced economies, reflects international
agreements such as the Berne Convention that establish basic standards
for IP protection and seek to harmonise the legal regimes of individual
countries.
We've explored the international agreements, and
developments within particular countries such as the US
and Canada, in the next page of
this guide.
None of the advanced economies have
recently developed intellectual property legislation "from
scratch", although as we note in the next part of this guide some
critics have suggested such an approach or even the abandonment of
copyright. Copyright reform in Australia, as elsewhere, has been slow
and often painful, with ongoing amendment of legislation that
essentially dates back to the first years of Federation or beyond.
the Digital Agenda reforms
The Australian Copyright Amendment
(Digital Agenda) Act 2000 received royal assent on 4 September and
will come into effect on 4 March 2001. A RTF version of the full text
of the Bill is available on the Australian Digital Alliance (ADA)
site.
The 'Digital Agenda', like the Digital Millennium Copyright Act in
the US and similar legislation in Canada and other countries, resulted
from a succession of official discussion papers and representations by
stakeholders such as libraries, publishers, artists and software
developers.
Aspects of the legislation will, we are sure, be disputed
and ongoing tinkering seems inevitable. However, the new Act will
address most of the challenges posed by the web and other digital
technologies.
other copyright changes
Associated draft legislation on Performers'
Rights, Moral Rights and Indigenous IP protection is moving through the legislative
pipeline.
The Copyright Amendment (Moral Rights) Bill was passed
by the House of Representatives in the first week of
December and is expected to come into force by the end of
the year. We'll shortly offer an overview of that
legislation and its implications for the online
community.
A range of national reviews are underway.
The Copyright
Law Review Committee (CLRC),
a specialist advisory body that the Government seems delighted to
ignore, is investigating particular issues from a legal perspective. Its
1998
and 1999
recommendations on Simplification of the Copyright Act have been
contentious. The CLRC's currently considering the operation of the
Copyright Tribunal, a specialist arm of the Federal Court.
The Intellectual Property & Competition Review Committee (IPCR), established
as part of the National Competition Policy, presented its final report
at the beginning of December.
The Committee explored competition aspects of copyright, patents, trademarks, designs and
circuit layouts legislation. It had previously released an issues paper,
criticised by some as over-impressed by the rights of users at the
expense of creators and investors, and a preliminary report calling for
fewer restrictions on parallel imports of copyright works.
overviews
The Commonwealth Attorney-General's Department Short
Guide to Copyright Law in Australia (Short
Guide) is conveniently online, although does not
yet reflect the 'Digital Agenda' changes. More detailed
pointers to copyright sites, primers and journals are found
in the tools and texts
page of this guide.
next page (international
and overseas law)
|