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AIIA Responds to Issues Paper on “Fair Use and Other Copyright Exceptions”
In May 2005, the Attorney-General’s Department published a review paper on “Fair Use and Other Copyright Exceptions”. The Paper sought comment on a number of important issues concerning the future of the Australian copyright regime.
AIIA’s Government Policy Advisor, David Kemp has prepared a submission, which recommends changes to the fair dealing provisions that bring the Australian position into greater alignment with the US defences.
AIIA suggests adopting one of two options: either consolidate the fair dealing exceptions in a single open-ended provision; or retain the current fair dealing provisions and add an open-ended fair use. Either would be acceptable to AIIA.
The Paper also asks whether the Copyright Act should be amended to include a statutory license for private copying, supported by a new system of levies intended to compensate rights holders for resulting lost revenue. According to David Kemp, this paper focuses essentially on one general and one narrow but key point raised by the paper.
“AIIA firmly believes that technological developments, practical experience and economic factors clearly militate against the establishment of levy schemes,” he says.
“Taking levies off the table will clarify policy choices going forward and enable a more focused discussion of genuinely viable options.”
For a full copy of AIIA’s submission to the Attorney-General’s Department, visit AIIA’s website.
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