The ADA agrees with the ACCC that Australia would benefit from a standardised takedown system for the removal of copyright infringing content posted by third parties to digital platforms. However, such a scheme should be introduced through extending the well established safe harbour system which applies to all other service providers in these circumstances, to include all platforms to which the mandatory standards would apply.
The ADA is supportive of the use of collective licences in Australia’s copyright system as an efficient and effective method of addressing practical barriers to the use of copyright material, particularly in relation to large scale uses for which remuneration is appropriate. However, we also have significant concerns regarding the anti-competitive risks of such licences when not subject to appropriate regulation and oversight.
The ADA and the ALCC acknowledge that we are not experts with respect to Indigenous Cultural Intellectual Property (ICIP) however we recognise that this is an important issue that impacts upon the entire community. There is growing awareness of the importance of ICIP in the many of the sectors to which our members belong, especially the cultural and education sectors. As such we support IP Australia’s efforts to more effectively recognise and protect ICIP in Australia.
Website blocking is a drastic remedy and a blunt tool which has significant implications for free speech, innovation and the functioning of Australia’s internet. The ADA is concerned that important amendments to Australia's website blocking scheme which remove public interest protections and significantly increasing its risk of overreach and abuse.are being pushed through without proper discussion, justification, or the support of the majority of stakeholders.
The ADA believes that the primary goal of the government in approaching the IP chapter of the AEUFTA should be to avoid any agreement that would require Australia to change its copyright law, or that would “lock in” our laws and prevent sensible changes in response to future technological and cultural change. The draft EU IP chapter that has been publicly released is a good starting point for negotiations, as it is not overly prescriptive and would not require many significant changes to Australian legislation.
The ADA welcomes the Government’s goal of modernising the Copyright Act to ensure it is effective, efficient and sufficiently adaptable to cope with changes in economic conditions, technology, markets and the costs of innovating. The ADA strongly believes that the best and only way to do this is to introduce a fair use exception into Australian law.
The Australian Digital Alliance (ADA) welcomes the proposed amendments in the Copyright Amendment (Service Providers) Bill as an initial step towards reform of Australia’s copyright safe harbours. The amendments proposed by the Bill will enable Australia’s libraries, archives, schools, universities and disability groups to more confidently engage with new technologies and provide online services to the Australian population.
The ADA provides comments on the exposure draft of the Copyright Regulations 2017. We applaud the new TPM exceptions for disability access, library use, and schools working within the statutory licence or s200AB, but petitioned for additional TPM exceptions for libraries working under s200AB and others using the fair dealing provision. We also suggest some minor changes to the notice requirements for libraries and archives.
The ADA's submission to the first call for consultation on the Code of Conduct for Collecting Societies argues that the massive shortcomings of the current system for regulating collecting societies cannot be addressed by mere amendments to the Voluntary Code of Conduct – reforms to the regulatory system as a whole are required. It endorses the specific recommendation made by our members Copyright Advisory Group of the COAG Education Council (CAG) and Universities Australia.
The ADA strongly supports the majority of the findings of the Productivity Commission in the final report of its Inquiry into Australia's IP Arrangements. In particular, the ADA supports the keystone of the Commission’s copyright recommendations - the introduction of a modern fair use provision to add flexibility to Australia’s copyright system and more adequately protect user rights.