Proposed copyright reforms announced by government

18.08.20

Updated 26.08.20

The federal Government has announced proposed copyright reforms to finalise its response to the Productivity Commission’s 2016 Intellectual Property Arrangements report.

The proposed copyright access reforms include:

• Introduce a limited liability scheme for use of orphan works: allowing orphan works [1] to be used provided that a diligent search has been conducted to locate or identify the copyright owner, and, wherever possible, the work is attributed to the author.
• Introduce a new fair dealing exception for quoting copyright material: allowing quotation for non-commercial purposes, and for use by cultural, educational or government institutions engaged in public interest or personal interest, as long as the making of the quotation is compatible with fair practice
• Amend library and archive exceptions: updating provisions for libraries and archives so that all materials can be digitised and available online for browsing, as long as the person accessing the material is reasonably prevented from doing so in a way that infringes copyright.
• Amend education exceptions: removing limitations and uncertainties around the use of  copyright material in classroom teaching and ensure that learning activities can take place  in an online classroom, as long as reasonable steps are taken to limit wider access to copyright materials than is necessary for teaching.
• Streamline the government statutory licensing scheme: updating the government licensing scheme such that the method for determining fees is simplified, and exceptions are made for material used for non-commercial purposes.

With draft legislation not due to be released until late this year, there is currently insufficient detail provided on the proposed changes to properly respond to them. However, our initial assessment leaves us with concerns, particularly about the education exceptions, which we'll be examining closely when the legislation is prepared. In the interim, we'll be consulting with the Office for the Arts to ensure author and illustrator concerns are represented to Government. We will keep you updated with the latest information and any further developments over the coming months.

Find out more about the reforms on the Department of Infrastructure, Transport, Regional Development and Communications website here.

[1] Copyright material where the rightsholder cannot be identified or is uncontactable