Australian government will propose a draft copyright legislation by the end of 2020

By Emmanuel Legrand

After two years of consultation with stakeholders, ​Australia's government ​has unveiled the framework of the new copyright legislation that will introduce "changes to provide a more flexible and adaptable framework that will better support the needs of Australians to access content in an increasingly digital environment." 

  The government will propose a draft legislation later this year that will be presented for public consultation. The proposal takes into account copyright recommendations made by the Productivity Commission four years ago​. The government's proposals were welcomed by tech companies, but representatives from the creative sector worry that the scope of fair use and exemptions included in the proposal will have an adverse effect on rights holders. 

  The proposed legislation is expected to focus on a series of reforms to the copyright law, including: setting up a scheme to allow the use of material if the copyright owner cannot be found; introduce a fair dealing exception for non-commercial quotation; simplify and update copyright exceptions for educational and cultural institutions; and streamline the government statutory licensing scheme.

Unintended effects

  However, the government said it would not endorse the mandatory take-down code proposed by the Australian Communications and Media Authority (ACMA) citing concerns from both major copyright owners and users, and "the potential unintended effects of a code across a diverse copyright market." 

  The government added: "Australia's copyright system is critically important to our economy and our creative industries ... enforcing copyright against digital platforms can be challenging." Instead, the government will consult with copyright stakeholders, digital platforms, and consumer groups "to determine how best to reduce the availability of infringing material on digital platforms."

  “The reforms follow two years of extensive industry consultation and will finalise the Government’s response to copyright recommendations in the Productivity Commission’s 2016 Intellectual Property Arrangements report,” said Minister for Communications, Cyber Safety and the Arts Paul Fletcher. “The need for change has been further highlighted during COVID-19, with schools, universities, cultural institutions and governments moving more services online. The reforms will allow the reasonable and necessary use of copyright materials online while also removing administrative burden, meaning these organisations can continue to deliver their services online."

A more flexible and adaptable system

  Fletcher added: “Australia’s copyright system underpins our creative economy and these reforms provide clear and reasonable public interest access to copyright materials, while maintaining the incentives and protections for content creators. This builds on the Government’s previous work on improving access for the disability, education and cultural sectors and reforming safe harbour legislation, and demonstrates our ongoing commitment to a copyright framework that is fit for the digital age.” 

  The announcement was welcomed by the Australian Digital Alliance (ADA) and the Australian Libraries Copyright Committee (ALCC). "We support proactive copyright amendments that will mean educational, cultural organisations and government agencies are better able make use of modern technologies to support all Australians, wherever they are," said ADA Chairperson Derek Whitehead. "The need for copyright reform to better facilitate online access to cultural, educational and government content has been made especially apparent during the COVID-19 crisis."

  "With the impacts of coronavirus continuing to disrupt the activities of libraries and archives across the country we are thankful the government has signaled its intention to make the copyright system more flexible and adaptable," said ALCC Chairperson Margaret Allen. 

Time to support creators

  Dean Ormston, CEO of Australia's music rights organisation APRA AMCOS, said the government's proposal failed "to recognise the significant impact COVID-19 has had on local songwriters, composers, music publishers and artists." 

  He added: “It always seems like music creators and performing artists are the ones continually asked to make concessions to those that use their content, even during the worst crisis to ever hit the music industry. The recent announcement by the government fails to recognise these concessions and pursues an argument that users of creators’ content have been denied access to that content over the last six months. We challenge that proposition." 

  He concluded: “We agree there are important steps to modernise copyright in Australia, but it really is past time for music creators to be better supported by any proposed reforms.”