• The existing permitted purposes and exceptions in the Copyright Act should be maintained;
• Exceptions should be included for fair dealing with copyright material for criticism, review, news reporting, judicial proceedings, and professional advice;
• An exception should be included to enable circumvention for access to mixed works consisting of both copyright material andnon-copyright material where the amount of non-copyright material in the work is substantial;
• Exceptions should be included for inclusion of copyright material in broadcasts and reproduction for broadcasting purposes;
• The provision of copyright material to members of Parliament, and the use of copyright material for services of the Crown, should be included as exceptions;
• An exception should be included for circumstances where a software or hardware TPM is obsolete, lost, damaged, defective, malfunctioning, or unusable, and where support or a replacement TPM is not provided;
• That exceptions be included to allow access where a TPM interferes with or causes damage or a malfunction to a product, or where circumvention is necessary to repair a product;
• That exceptions be included for circumvention where software is installed involuntarily or without acceptance, or where the user has no awareness or reasonable control over the presence of a TPM;
• That exceptions to liability be included for making back-up copies of computer programs, and for reproducing or adapting computer programs for interoperability between computer programs and data, and for correcting errors.

• Activities for assisting students with disabilities outside Part VB of the Copyright Act;
• Use of abandonware;
• Use of orphaned works;
• Making back-up copies of copyright material other than computer programs;
• Format shifting.

• Regional coding devices should be specifically excluded from the definition of 'TPM' in the legislation implementing the AUSFTA;
• That the Government should look at the classification of devices used as accessibility aids by or for those with a print disability with a view to including exceptions for these;
• That the Government consult with the National Gallery of Australia and any other relevant institutions prior to implementation of Article 17.4.7 to identify an appropriate exception for TPM circumvention for the temporary reproduction of digital material for exhibition and preservation purposes;
• That the definition of 'TPM' requires a direct link between access control and copyright protection; this recommendation is consistent with the Stevens v. Sony decision, and consistent with the way that the US Courts have interpreted 'TPM'. In other words, a measure which prevents access to material is not necessarily a 'TPM' unless it also protects copyright in that material;
• That the implementing legislation should nullify any agreements purporting to exclude or limit the application of permitted exceptions (i.e. that, as was recommended by the CLRC in its "Copyright and Contract" Report of 2002; contracting out of the exceptions be outlawed).

• These should be conducted by the Attorney-General's Department every four years according to a statutorily defined process;
• There should be a statutory process by which the Attorney-General can consider ad hoc requests for additional exceptions;
• That exceptions should be introduced via subordinate legislation rather than via amendments to the Copyright Act.

If 'the infringer' (user of the orphaned work) performed a good faith, reasonably diligent search to locate the owner of the work;

And if throughout the use of the work, the infringer provided attribution to the author and copyright owner of the work if possible and as appropriate under the circumstances;

Then the remedies available to the copyright holder shall be limited as follows:

(1) No award for monetary damages other than an order requiring the infringer to pay reasonable compensation for the use of the work, provided that the use is not for direct or indirect commercial advantage and the infringer ceases the use expeditiously after receiving notice of the claim for infringement; and

(2) Where 'an infringer' has prepared or commenced preparing a derivative work that recasts, transforms, or adapts the infringed work with a significant amount of the infringers expression, a Court will not restrain the continued preparation & use of that derivative work, provided that reasonable compensation is provided to the copyright owner & provided that reasonable attribution to the author and copyright owner are made as determined by a Court.