Read The Times Australia

Daily Bulletin

Researchers, librarians, filmmakers and teachers are waiting for the copyright reforms the government has promised

  • Written by: Kylie Pappalardo, Senior Lecturer, School of Law, Queensland University of Technology

In August, the communications minister announced a series of changes to copyright laws to “better support the needs of Australians and public institutions to access material in an increasingly digital environment”.

These changes are long overdue. But the year is ending, and we are yet to see the legislation.

The most important change is to ensure access to so-called orphan works.

Orphan works are copyrighted works for which the copyright owner can no longer be found.

The Australian Law Reform Commission and the Productivity Commission found that orphan works present a particular problem for public institutions. These include libraries, galleries, archives, museums and broadcasters, whose collections necessarily include items with unclear lineage.

Australia’s national and state libraries say orphan works comprise between 10% and 70% of their collections.

The National Film and Sound Archive says they comprise 20% of its collection.

Orphan works are inaccessible

In most circumstances, the existing law requires users to secure the copyright owner’s permission before copying or using a work, meaning that orphan works can’t be used.

The Film and Sound Archive says scores of projects that would have celebrated Australia’s heritage have been shelved because of the expense and impossibility of locating the descendants of copyright holders.

The proposed changes would permit people to use orphan works if they first conducted a “reasonably diligent” search and as far as reasonably possible clearly attributed the works to their authors.

Read more: 10 'lost' Australian literary treasures you should read – and can soon borrow from any library

The standard is high – users would need to show clear evidence of good-faith efforts to identify and locate copyright owners in order to seek permission.

If the copyright owner isn’t found but later comes forward, the user and the copyright owner would have to agree on reasonable terms for any continued use.

Other proposed changes include a new fair dealing exception for the quoting of copyrighted material for non-commercial purposes.

It’s not always clear what’s okay to quote

It is not always clear whether quoting from something infringes copyright. The exception will give researchers confidence.

The government says it will be narrowly tailored to reduce uncertainty and the administrative burden for schools, universities, libraries, museums, government agencies, academics and researchers who quote words from a book, passages from a piece of music or visual images taken from works of art.

Read more: How copyright law is holding back Australian creators

As well, the reforms would streamline licensing arrangements and exceptions for libraries, archives and educational and government institutions to allow things including

  • making collections available online for browsing in a way that does not infringe copyright

  • teachers using copyrighted material in online lessons in the same way as they are presently allowed to in face-to-face lessons

  • schools playing sound recordings for activities such as school concerts

  • governments using correspondence and other material sent to them for non-commercial purposes

These reforms are simple, reasonable, and ought not to be in dispute.

Unfortunately, copyright is such a heated topic that even the easiest fixes are hard.

Governments drag their feet

In the past, proposals for more wide-ranging reform have been opposed by organisations representing copyright holders.

They have called instead for iterative, practical enhancements.

Researchers, librarians, filmmakers and teachers are waiting for the copyright reforms the government has promised Australia legalised the use of video tape recorders as they became obsolete.

That’s what these changes are. They certainly don’t pose a financial threat to rights holders.

2020 is not the year to expect things to happen quickly. But these reforms are important partly because they respond to problems made apparent by COVID-19.

Proper access to copyrighted materials would enable educational institutions to deliver the same lessons online as they deliver in person. Cultural institutions would be able to service customers unable to visit in person and to people in lockdown.

Hopefully the government will introduce the changes quickly.

But we don’t have a good track record. Australia didn’t get an exception that legalised home use of video tape recorders until 2006, the year they began to be replaced by other recording systems.

These changes ought to be (and largely are) uncontentious. Researchers, librarians, filmmakers and teachers are waiting.

Authors: Kylie Pappalardo, Senior Lecturer, School of Law, Queensland University of Technology

Read more https://theconversation.com/researchers-librarians-filmmakers-and-teachers-are-waiting-for-the-copyright-reforms-the-government-has-promised-150141

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...

How to Add a Heart to a Photo in Seconds

Visual storytelling has rapidly evolved in the digital age, transforming how we share our daily expe...

Why Small-Denomination Physical Gold is Becoming the Ultimate Defensive Asset

In a landscape of lingering macroeconomic uncertainty and rising domestic living costs, everyday i...

Why Your Feet Spread During Running and What That Means for Shoe Fit

The trainers felt brilliant in the shop. You walked around, bounced on your toes, checked the mirror...

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...

How to Match Replacement Roof Tiles on an Older Home

Renovating or repairing an existing roof comes with quite a few headaches, and matching the old roof...

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...