Copyright AU

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This page will develop into a resource on the do’s and don’t of Australian Copyright legislation.

In addition, we will be allocating resources here for a list of Australian Public Domain works; these are works that have become available for persons to copy, cut, remix, and share.

Copyright What is Legal and what is not (In Australia)

Originally Published at 10:39AM (EST) on October 11, 2009

I was slammed into reality the other day by the fact that a
Solicitor that I have known for many years who dealt in the area of the law known
as Trade marks which falls under the auspices of Intellectual Property Law, got
some basic knowledge about the Australian Copyright Legislation wrong. (No ‘P’
it’s not you and no ‘N’ it’s not you either.)

I don’t think he’s a bad solicitor, I just don’t think the
copyright legislation is very accurate in it’s drafting in regards to the speed
of technological innovations and the drafters understanding of those
technologies. So for persons who live in a quill pen mentality age, both the the
law and computer tech can be a very daunting topic. Especially when the
competing topic (IT) has at least as many mysterious acronyms and traps for the
unwary, as the law; and of course, I am referring to Information Technology
with a specific sub title of Internet Protocol Communications.

As a result, quite often the law lags behind the reality of
technology. Some examples;

in 1969 it was technically a breach of the copyright act to have a photocopier in your home(It has been suggested to nme that this might be incorrect – checking…..)

and for years VCR’s were technically illegal in Australia.

and today (proposed), the DVD writer in your home computer
actually allows police to confiscate the computer because you have an
“infringing device” that can create “pirate” copies. (See references below.)

Therefore most Australians are breaking or have broken the law in some manner.

So today I thought I would have a go at the Unofficial Australian Copyright FAQ Version II. Version 1 that is, the officially sanctioned version) is on the AG site, here.

Disclaimer:

I am not a lawyer. This is not legal advice. Readers should hire a lawyer to interpret my responses before carrying out or relying on any of the recommendations contained herein.

To be clear, Perhaps I should borrow the words
of the Australian Attorney General’s site:

“Therefore, before relying on the material, users should
independently verify its accuracy, completeness, relevance for their purposes
and that it is up-to-date.

Before any action or decision is taken on the basis of
any material on this website the user should obtain appropriate independent
professional advice.

Links to other websites are provided for the user’s
convenience and do not constitute endorsement of material at those sites, or
any associated organisation, product or service.”

There are a number of Public sites on the Internet full of legally available content.

The number of PD films and music available via the internet is about to grow dramatically with artists, actors, directors and producers serving  copyright termination notices.

Why?

Well we have to look at the worlds main content creator to understand that, the USA.

In 1976, the US Congress gave creators of movies and music the right to terminate their copyright agreements. These rights allow the original creators to serve notice on the publishers to terminate the copyright grant.

What does THAT mean?

OK, it’s simple, when a new artist or filmmaker creates a work, he needs marketing to ensure it’s success. He/she normally assign their rights in the copyright to obtain financing by a major label or studio so that the work can become successful. Those rights are now slowly coming to an end.

35 years from 1976 is 2013. Which is the year that we will start to see the BIG lawsuits. Hollywood of course doesn’t want to see the end to their ownership of their libraries so will doubtlessly fight each and every copyright distribution termination notice.

So all this legislation is really about Hollywood tying up the assets before the floodgates are open in four years time.

Yep. It’s not about ensuring new content, it’s about corralling, keeping and milking the old.

COPYRIGHT ACT 1968 – SECT 110AA

Copying cinematograph film in different format for private use

(1)  This section applies if:

(a)  the owner of videotape embodying a cinematograph film in analog form makes a copy (the main copy ) of the film in electronic form for his or her private and domestic use instead of the videotape; and

(b)  the videotape itself is not an infringing copy of the film or of a broadcast, sound recording, work or published edition of a work; and

(c)  at the time the owner makes the main copy, he or she has not made, and is not making, another copy that embodies the film in an electronic form substantially identical to the electronic form in which the film is embodied in the main copy.

For this purpose, disregard a temporary copy of the film incidentally made as a necessary part of the technical process of making the main copy.

(2)  The making of the main copy is not an infringement of copyright in the cinematograph film or in a work or other subject‑matter included in the film.

Dealing with main copy may make it an infringing copy

Is not quite so easy to understand. For example, if you purchase a VHS video tape, are you the owner? Actually, no. You own the plastic cartridge and the magnetic tape inside it, however any contents that are on the tape are actually owned by the publisher and yu merly have a right to view it.

See how hard legislation is to understand? If our legislators got that bit wrong then what chance have we of getting right?

Especially when the Attorney General’s office says… we can’t advise you, please ask a lawyer.

Therefore this resource is for all those Australians that want a commonsense answer to simple questions about copyright.

Can I copy….?

Yes but only if…?