[LINK] RFI: Format-Shifting of Music in Australia

[Jan Whitaker]

Current state of the law:
<http://wiki.media-culture.org.au/index.php/Peer-to-Peer_-_Legal_Issues_>wiki.media-culture.org.a..._-_Legal_Issues_(Australia)

The copyright legislation in Australia regarding the use of digitised media 
is relatively straightforward. There are no grey areas in relation to what 
constitutes copying for ‘personal’­ or ‘fair use’ like Canadian 
copyright laws (see Legal issues Canada) because it is simply illegal to 
download, upload, reproduce, remake or remix any copyright protected 
material without the express permission of the copyright owner. This means 
that in terms of music, it is illegal to place music in a shared folder 
connected to a peer-to-peer (P2P) file-sharing network, to burn a CD, or 
even to convert a CD into an MP3 regardless of if that music was initially 
legitimately purchased (Australian Copyright Council 2004).

Amendments to COME that will change the situations:
<http://www.p2pnet.net/story/8786>www.p2pnet.net/story/8786

Note this about the new limits:

Increase surveillance, fines and damages for internet piracy (file sharing) 
including on the-spot fines, proceeds of crime remedies, and a change in 
presumptions in litigation to make it easier to establish copyright piracy 
– for large scale piracy the content owners may no longer have to establish 
each breach of copyright law.

At 04:47 PM 10/08/2006, Roger Clarke wrote:
>Can anyone point to an easily-readable but authoritative summary on this 
>topic?
>
>Ta muchly
>
>>I have been looking for information about the legality of backing up
>>personal CD/vinyl collections to mp3. I am considering doing this as a
>>service for people who either do not have the time, resources or inclination
>>to do it for themselves. When talking to friends about this prospect a
>>common question they ask me is "Is it legal?" or "Does that infringe
>>copyright?". I always so no because I thought there was a court ruling in
>>Australia in early '06 or in '05 that established that converting music that
>>you rightfully own into another format such as mp3 was legal for backup
>>purposes. Is this true and if so could you please refer me to the court
>>ruling if there is one or to some authoritative source that states that this
>>is legal.
>
>--
>Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
>
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>mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/
>
>Visiting Professor in Info Science & Eng  Australian National University
>Visiting Professor in the eCommerce Program      University of Hong Kong
>Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
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Jan Whitaker
JLWhitaker Associates, Melbourne Victoria
jwhit at janwhitaker.com
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'Seed planting is often the most important step. Without the seed, there is 
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