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Copyright Law Review Committee
Simplification Report
The CLRC, a body independent of the
Government, examined how to simplify the Copyright Act. They released a report
in two parts which recommends radical change.
The
first
part of the Report concerns copyright exceptions and was released in
September 19998. Its central recommendation was that Australia adopt a broad
US-style fair use provision. This means that an exception would be allowed if
it fell within the broad principles (our 5 principles under s. 40(2) of the
Copyright Act 1968) rather than specifically permitted by statute (such as the
library copying exceptions under ss. 49 and 50).
The upside of
this is increased flexibility. This means that it may not be necessary to go
back to Parliament everytime a new exception is needed because of a change in
technology or industry practice.
The downside of this is
increased flexibility. This means that hard-won exceptions which allow
libraries, schools and universities to do certain things could be altered by a
court's decision. The certainty that comes with having your rights as a
copyright user set out plainly (as plainly as copyright law gets) could be
jeopardised by this.
The second
part of the Report advocated a simplification of categories of
protection into: creations (highly creative material) and productions (less
creative material generally conforming to current 'subject matter other than
works') and a simplification of the rights into two economic rights
(reproduction and communication) and two moral rights (attribution and
integrity). It also advocated that intangibility should not be bar to
protection. Part 2 is controversial for copyright users as it will expand the
scope of protection. Part 2 also advocates an extension of legal deposit to
cover electronic and audio-visual material.
Neither part of the Report
has yet received Government attention. It can be expected, however, that
consideration of the Report will begin in earnest once the Digital Agenda Bill
is out of the way. Consideration of legal deposit has already begun, with joint
library/publishers meetings with Government participation.
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