Fwd: The AGD e-News on Copyright
Mon, 26 Oct 1998 20:26:21 +1030 (CST)
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First posting I've recieved from what looks like a useful
low-traffic announcement list.
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This is a forwarded message, MIME encapsulation.
THE AGD e-NEWS ON COPYRIGHT
An email newsletter to keep you up-to date with recent copyright
developments in the Australian Government.
Number 4, 23 October 1998
Welcome to the fourth copyright newsletter of the Intellectual Property
Branch of the Attorney-General's Department.
Recent copyright highlights at a glance are:
* Copyright stays in the Attorney-General's Department
* Update on Government's copyright reform initiatives
* Digital Agenda Exposure Draft Bill
* Moral rights
* Release of Copyright Law Review Committee report on exceptions
* Enforcement of copyright
* Competition review of the Copyright Act
* Consideration of Australia's accession to WIPO "Internet treaties"
* WIPO workshop in Shanghai on the WIPO "Internet treaties"
In this newsletter we also answer the following questions:
* What is the new URL for the AGD e-News on Copyright website?
* Where can I access past issues of AGD e-News on Copyright?
* Who can I contact in the Intellectual Property Branch in the Attorney-
* Where can I get more information about copyright?
* Who can I send comments to on this newsletter?
WHAT HAS BEEN HAPPENING?
COPYRIGHT STAYS IN THE ATTORNEY-GENERAL'S DEPARTMENT
On 21 October 1998 the new Administrative Arrangements Order (AAO) was
published for the second term of the Coalition Government. The AAO sets out
the legislative and policy responsibilities of Commonwealth Government
Under the new AAO, the Attorney-General's Department retains responsibility
for the Copyright Act 1968. As reported in "AGD e-News on Copyright",
Number 1, May 1998, since 1993 the Department of Communications and the Arts
had joint responsibility with the Attorney-General's Department for most
copyright policy matters. This will continue with the new Department of
Communications, Information Technology and the Arts.
You can access the new AAO at http://www.dpmc.gov.au/briefing.html
UPDATE ON GOVERNMENT'S COPYRIGHT REFORM INITIATIVES
The Government will move forward on its election commitments in relation to
copyright including the following key projects. The Coalition's election
policies are on the Internet at
DIGITAL AGENDA EXPOSURE DRAFT BILL
The Coalition's election policies, "Law and Justice" and "Arts for
Australia's Sake", included commitments to release draft legislation dealing
with copyright and the digital environment. This draft copyright
legislation will be released for public comment this year.
The contact officer for the digital agenda copyright reforms is Catherine
Hawkins, Senior Government Lawyer (tel: 02 6250 6608; email:
The Coalition's election policy, "Arts for Australia's Sake", made a
commitment to the re-introduction of moral rights legislation, subject to
further consultation with artists. The Government will continue consulting
with artists and interest groups in order to introduce legislation in the
The contact officer for moral rights is Helen Daniels, Senior Government
Lawyer (tel: 02 6250 6325; email: firstname.lastname@example.org)
RELEASE OF COPYRIGHT LAW REVIEW COMMITTEE REPORT ON EXCEPTIONS
The Copyright Law Review Committee (CLRC) has released Part 1 of its report
on simplification of the existing provisions in the Copyright Act that
provide for exceptions to the exclusive rights comprising copyright.
The Part 1 report describes a workable model for simplifying and
streamlining the various exceptions to copyright owners' rights, whilst
ensuring that the simplified provisions maintain an appropriate balance
between the rights of copyright owners and users in the new digital
The centrepiece of the Committee's recommendations concerns fair dealing.
The Committee has recommended that an open-ended and more flexible approach
to fair dealing would enable it to be more easily applied to new
technologies. The report also includes recommendations in relation to
copying by libraries and archives, copying for educational purposes and
copying for people with disabilities.
Part 1 of the report is available from Government Info Shops and the
Committee's website at http://www.agps.gov.au/clrc
The contact officer for the report is Peter Treyde, Director, CLRC
Secretariat (tel: 02 6250 6323; email: email@example.com)
ENFORCEMENT OF COPYRIGHT
The Government remains committed to ensuring the effective enforcement of
copyright. The Government is considering representations concerning current
enforcement remedies and procedures.
The Government will continue to support requests from countries in the
region for training and assistance to help them meet their obligations under
the World Trade Organisation (WTO) Agreement on the Trade-Related Aspects of
Intellectual Property Rights (TRIPS).
The contact officer for enforcement matters is Steve Fox, Senior Government
Lawyer (tel: 02 6250 6613; email: firstname.lastname@example.org)
COMPETITION REVIEW OF THE COPYRIGHT ACT
The Coalition's election policy, "Law and Justice", made a commitment to
initiate an independent review of the Copyright Act. The purpose of the
review will be to ensure that the Act does not inappropriately restrict
competition and innovation in Australia. The Government is committed to
commencing a review of the Act, together with other intellectual property
legislation, in 1999 as part of the Commonwealth's Legislation Review
The contact officer for the review is Helen Daniels, Senior Government
Lawyer (tel: 02 6250 6325; email: email@example.com)
CONSIDERATION OF Australia's Accession to WIPO "Internet treaties"
Australia's accession to the World Intellectual Property Organisation (WIPO)
"Internet Treaties" is under consideration. These treaties are the WIPO
Copyright Treaty and the WIPO Performances and Phonograms Treaty.
Whilst there has been broad support for Australia's accession to the WIPO
Copyright Treaty among copyright stakeholders, such action will not be
undertaken until the digital agenda copyright reforms have been enacted. A
third and final discussion paper directly dealing with the question of
Australia's accession is to be finalised and released shortly. The first
two discussion papers dealt with the digital agenda copyright reforms and
performers' rights respectively.
For Australia to accede to the WIPO Performances and Phonograms Treaty,
consideration will have to be given to the additional performers' rights for
which it provides. Views were invited in the Discussion Paper, "Performers'
Intellectual Property Rights". Analysis of the 27 submissions received on
the Discussion Paper is in train. In conjunction with the Department of
Communications, Information Technology and the Arts, face-to-face
consultations will be held on the performers' rights proposals and comments
The contact officer for Internet treaties matters is Steve Fox, Senior
Government Lawyer (tel: 02 6250 6613; email: firstname.lastname@example.org)
WIPO WORKSHOP IN SHANGHAI ON THE WIPO "INTERNET TREATIES"
The World Intellectual Property Organisation (WIPO) recently organised the
"Regional Workshop for Asia and the Pacific on Copyright and the WIPO
'Internet Treaties'" in Shanghai on 12-13 October 1998. The WIPO Regional
Workshop was organised in cooperation with the National Copyright
Administration of China (NCAC). Government representatives from about 15
countries participated in the Workshop including representatives from
Indonesia, Malaysia, Singapore and Thailand.
At the invitation of WIPO, Chris Creswell from the Intellectual Property
Branch in the Attorney-General's Department spoke at the Workshop about the
process of adherence to and implementation of the new WIPO treaties in
Australia. The other government speakers on this matter were: Mr Mike
Keplinger, US Patent and Trademark Office; Mr Jorg Reinbothe, European
Commission; and Mr Kaoru Okamoto, Japanese Copyright Office.
The contact officer for this matter is Chris Creswell, Assistant Secretary
(tel: 02 6250 6313; email: email@example.com).
WHAT IS THE NEW URL FOR THE REVAMPED AGD e-NEWS ON COPYRIGHT WEBSITE?
During the caretaker Government period in the lead-up to the election, the
Attorney-General's Department revamped the website for the "AGD e-News on
Copyright". The website is on the Attorney-General's Department's website,
Window on the Law.
The new URL for the copyright website is: http://law.gov.au/copyright_enews
We suggest that you update your bookmark for the website because the URL has
The revamped website has been designed to make it easier to use and gives
prominence to the highlights in each of the newsletters that are put on the
website. Each "AGD e-News on Copyright" newsletter will be available on the
"AGD e-News on Copyright" website soon after the newsletter is emailed out.
We have taken on board comments from our readers. We hope you like it. As
always we welcome your comments on the AGD e-News on Copyright newsletter
WHERE CAN I ACCESS PAST ISSUES OF AGD e-NEWS ON COPYRIGHT?
All past issues of the AGD e-News on Copyright newsletter are available
online permanently at the AGD e-News on Copyright website. So, if you
missed out on the first three newsletters (May, July and August 1998) they
can be accessed at the Attorney-General's Department website, Window on the
WHO CAN I CONTACT IN THE INTELLECTUAL PROPERTY BRANCH?
In the first issue of this newsletter, in May 1998, we gave you some
background detail on the role of the Intellectual Property Branch in the
Department, information about the work of the four Sections in the Branch
and names of contact officers who can assist you with any questions you may
have about particular developments. This information can be found at:
For each development covered in this issue we have identified the details of
the contact officer to whom inquiries can be directed.
If you wish to contact the Intellectual Property Branch on another matter,
please contact: Chris Creswell, Assistant Secretary, Head of the
Intellectual Property Branch, (tel: (02) 6250 6313; fax: (02) 6250Ü5929;
For administrative matters, please contact: My Hanh Rusk (tel: 02 6250 6655;
WHERE CAN I GET MORE INFORMATION ABOUT COPYRIGHT?
The Intellectual Property Branch in the Attorney-General's Department has
produced a booklet on copyright law entitled "Copyright Law in Australia: A
Short Guide". For copies please phone (02) 6250 6875 or access the booklet
online at the Attorney-General's Department website, Window on the Law:
The Intellectual Property Branch in the Attorney-General's Department is not
able to give legal advice on specific copyright matters to members of the
public. Of course, the Branch does provide Government departments and
agencies with legal advice on copyright law matters.
If you have a specific copyright inquiry please contact the Australian
Copyright Council tel: 02 9318 1788 or visit them at
For information on patents, trade marks and designs contact IP Australia
(formerly the Australian Industrial Property Organisation) tel: 1300 651
010 or access information at http://www.ipaustralia.gov.au
WHO CAN I SEND COMMENTS TO ON THIS NEWSLETTER ?
Please reply by return email if you would like other people to receive this
newsletter or if you would like to be removed from this email list. We
would also like to hear from you by return email if you have any feedback on
If you have a specific inquiry about the particular matters raised in this
newsletter please contact the person listed as the contact officer under
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