Australian Copyright Amendment Act

 

Review the Copyright Amendment Act 2006 and detail a report for management to brief them on the changes to the act and how that relates to them as a company. Also take note of the copyright Amendment (Digital Agenda) Act 2000 and add any relevant information from this into your report.

Introduction

The Australian legislation for the copyright is based on the authority of section 51(xviii) of the (Commonwealth Consolidated Acts, 1977) and is a federal law established by the Australian Parliament. Australian copyright law (Copyright Act- Federal Legislation, 1968) reflects international standards so established in (BERNE CONVENTION, 1887), along with other International copyright agreements and multilateral treaties, and as of recent times the U.S.-Australia Free Trade Agreement- AUSFTA (Australian Trade and Investment Commission, 2005). The new Act of 2000 (Copyright Amendment (Digital Agenda) Act- Federal Register of Legislation, 2000), provides that communication which is not broadcast is that which is made by the person who determines the content of the communication. So, communications carriers and ISPs will not be infringing the new right when they are not responsible for the content communicated via their networks. Again, it provides that copyright will not be considered to be infringed if a temporary reproduction is made from the copyright material by technical process of communication, but, does not apply to reproduction which are made through technical process for communication if the communication is in itself an infringement of copyright.

Areas of concern addressed by the Acts

Australian copyright law protects the materials referred as Works and includes, literary works, musical works, artistic works, and dramatic works and also includes the neighboring rights which further includes films, sound recordings, broadcasts and also editions which are already published ((UCC), 1952).

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Identification of Changes

The amendment Act of (COPYRIGHT AMENDMENT ACT, 2006) contain a number of important changes to copyright law and relates the following:
     private copying in case of sound recordings;
     copyright enforcement on unfair use;
     technological protection measures in downloading, distributing etc.;
     exceptions for non-commercial activities where the users are libraries or any educational institutions;
     parody and satire must be used with fair dealing; and
     Copyright Tribunal’s jurisdiction.

Findings

I came across the License and Copyright for the Information Technology Company, TPG Network Pty Ltd. (Ltd, 2016) The (COPYRIGHT AMENDMENT ACT, 2006), for Insubstantial Copying under section 135ZMB (1A) and (2), the Act specifically highlights that for making some work to be copied and to make it non-remunerable, one must ensure that it is a consecutive one, so when someone copies, say 1st and 3rd paragraph and the work is also with the non- remunerable limit, i.e. total number of words so copied is less than 1% of the total words, then also it would be considered remunerable, since they are not consecutive. This part is lacking in the copyright policy, since I did not find anything which highlights this restrictive copying as per the (COPYRIGHT AMENDMENT ACT, 2006). So, in order to comply with the (COPYRIGHT AMENDMENT ACT, 2006), the specific mention of this provision is desirable.

Recommendations

The stakeholders as defined by (Ronald K. Mitchell, 1997), within the companies can be informed through the intranet and making it vividly clear that, non- compliance with the legislation will render serious consequences. On the other hand, the external stakeholders can be informed through website, sharing the compulsory maintainability of the compliance, so that the process of copying do not render any criminal charges. 

References

(UCC), U. C. C., 1952. UNIVERSAL COPYRIGHT CONVENTION (UCC). [Online] 
Available at: https://www.copyright.com.au/about-copyright/international-copyright/#ucc
Australian Trade and Investment Commission, 2005. Australia-United States Free Trade Agreement (AUSFTA). [Online] 
Available at: https://www.austrade.gov.au/Australian/Export/Free-Trade-Agreements/AUSFTA
BERNE CONVENTION, 1887. BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (Paris Text 1971)- Article 6bis. [Online] 
Available at: https://www.law.cornell.edu/treaties/berne/6bis.html
Commonwealth Consolidated Acts, 1977. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51, Legislative powers of the Parliament. [Online] 
Available at: http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/s51.html
Copyright Act- Federal Legislation, 1968. Copyright Act. [Online] 
Available at: https://www.legislation.gov.au/Details/C2017C00180
Copyright Amendment (Digital Agenda) Act- Federal Register of Legislation, 2000. Copyright Amendment (Digital Agenda) Act. [Online] 
Available at: https://www.legislation.gov.au/Details/C2004C01235
COPYRIGHT AMENDMENT ACT, 2006. COPYRIGHT AMENDMENT ACT. [Online] 
Available at: http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/num_act/caa2006213/
Ltd, T. N. P., 2016. TPG Acceptable Use Policy - combined acceptable and fair use policies. [Online] 
Available at: https://www.tpg.com.au/forms/FINAL%20-%20TPG%20Acceptable%20Use%20Policy%20-%20combined%20acceptable%20and%20fair%20use%20policies%20-%2030%20Nov%202016.pdf
Ronald K. Mitchell, B. R. A. D. J. W., 1997. Toward a Theory of Stakeholder Identification and Salience: Defining the Principle of Who and What Really Counts. The Academy of Management Review, pp. 853-886.

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