[LINK] CISAC and the Copyright Amendment Bill
stephen at melbpc.org.au
stephen at melbpc.org.au
Thu Mar 1 23:54:47 AEDT 2007
Hi there,
It seems CISAC are deeply disappointed with the Australian Government for
what they apparently view as a, "flagrant breach of the Berne Convention"
<http://www.cisac.com>
'Australian Law Snubs Authors'
To the dismay of CISAC and Australian CISAC member societies APRA,
AWGACS, VISCOPY, and AMCOS, the Australian Federal Government voted the
Copyright Amendment Bill into law in December 2006.
The amendments give the public a blanket right to copy music and films
into other formats ("format-shifting") for "private & domestic purposes",
without providing any compensation to authors, artists or publishers.
The Australian societies, along with many other music and film industry
bodies, advocated tirelessly for a statutory licensing system similar to
that in place in many European countries in which manufacturers and
importers of materials whose main function is to facilitate the
reproduction of copyrighted works (blanks CDs, mp3 players, photocopiers,
etc.) pay a small compensatory amount to copyright organisations in order
to remunerate rights holders for the multiplied uses of their works.
"We are deeply disappointed by the Government's failure to properly
consider the interests of copyright owners," stated APRA CEO and CISAC
Board Acting Chairman Brett Cottle.
"The lack of interest in the issue on the part of the Australian Senate
Committee has been sadly indicative of a singular lack of government
interest in the idea of statutory compensation for copyright owners for
private copying, despite the support of just about everyone in the music
industry except the major record labels."
According to Cottle, rushing the bill through parliament and only
allowing four hours for public hearings led to a law that fails to meet
the objectives set forth by the Australian government itself, namely
sufficient public access to copyright works and balancing the interests
of all involved parties. The free exception regime that was adopted
depends on technical protection measures (TPMs) and digital rights
management applications (DRMs), which prevent reasonable access for the
public to copyright material. Furthermore, as the interests of copyright
owners were completely overlooked, equilibrium between the interests of
users and of rights holders can hardly be claimed.
"But perhaps the most alarming aspect of the policy underpinning the
format shifting exception is that it will be viewed internationally as a
flagrant breach of the Berne Convention," continued Cottle. The
Convention only permits exceptions to the reproduction right enjoyed by
the authors of copyright works if they are applied only in special cases,
if they do not conflict with a normal exploitation of the work and if
they do not unreasonably prejudice the legitimate interests of the
author. Mr. Cottle points out that this law does not fulfil any of these
conditions.
Australian copyright societies also fear that the amendment which
includes a "fair use" statutory exception for parody or satire will be
exploited by users in order to avoid having to obtain permission to use
copyright material. This additional blow to the income of copyright
owners would make expensive litigation an "inevitable result of the
amendments."
CISAC shares the Australian societies' concerns regarding this law and
its impact on their Australian author members as well as the 2.5 million
foreign creators whose works they represent in Australia.(c) Jan Kuczerawy
(Note: CISAC, the International Confederation of Societies of Authors and
Composers, works towards increased recognition and protection of creator
rights. As of June 2006, CISAC numbers 217 authors' societies from 114
countries and indirectly represents more than 2.5 million creators within
all the artistic repertoires: music, drama, literature, audio-visual
works, graphic and visual arts. The total amount of royalties collected
by CISAC's member societies, on their national collection territories,
amounted in 2004 to more than 6,5 billion. It should be noted that
income from music currently represents almost 90% of all revenue. CISAC
was founded in 1926 and is a non-governmental, non-profit organisation.
Its headquarters are in Paris, with regional offices in Budapest, Buenos
Aires and Singapore.)
--
Cheers all ..
Stephen Loosley
Victoria, Australia
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