Subject: The AGD e-News on Copyright - No.4, 23 October 1998
THE AGD e-NEWS ON COPYRIGHT
An email newsletter to keep you up-to date with recent copyright developments in the Australian Government.
Number 4, 23 October 1998
Welcome to the fourth copyright newsletter of the Intellectual Property Branch of the Attorney-General's Department.
Recent copyright highlights at a glance are:
In this newsletter we also answer the following questions:
WHAT HAS BEEN HAPPENING? COPYRIGHT STAYS IN THE ATTORNEY-GENERAL'S DEPARTMENT On 21 October 1998 the new Administrative Arrangements Order (AAO) was published for the second term of the Coalition Government. The AAO sets out the legislative and policy responsibilities of Commonwealth Government Departments.
Under the new AAO, the Attorney-General's Department retains responsibility for the Copyright Act 1968. As reported in "AGD e-News on Copyright", Number 1, May 1998, since 1993 the Department of Communications and the Arts had joint responsibility with the Attorney-General's Department for most copyright policy matters. This will continue with the new Department of Communications, Information Technology and the Arts.
You can access the new AAO at http://www.dpmc.gov.au/briefing.html
UPDATE ON GOVERNMENT'S COPYRIGHT REFORM INITIATIVES The Government will move forward on its election commitments in relation to copyright including the following key projects. The Coalition's election policies are on the Internet at http://www.liberal.org.au/ARCHIVES/election98/policy
DIGITAL AGENDA EXPOSURE DRAFT BILL The Coalition's election policies, "Law and Justice" and "Arts for Australia's Sake", included commitments to release draft legislation dealing with copyright and the digital environment. This draft copyright legislation will be released for public comment this year.
The contact officer for the digital agenda copyright reforms is Catherine Hawkins, Senior Government Lawyer (tel: 02 6250 6608; email: catherine.hawkins[_at_]ag.gov.au)
MORAL RIGHTS The Coalition's election policy, "Arts for Australia's Sake", made a commitment to the re-introduction of moral rights legislation, subject to further consultation with artists. The Government will continue consulting with artists and interest groups in order to introduce legislation in the near future.
The contact officer for moral rights is Helen Daniels, Senior Government Lawyer (tel: 02 6250 6325; email: helen.daniels[_at_]ag.gov.au)
RELEASE OF COPYRIGHT LAW REVIEW COMMITTEE REPORT ON EXCEPTIONS The Copyright Law Review Committee (CLRC) has released Part 1 of its report on simplification of the existing provisions in the Copyright Act that provide for exceptions to the exclusive rights comprising copyright.
The Part 1 report describes a workable model for simplifying and streamlining the various exceptions to copyright owners' rights, whilst ensuring that the simplified provisions maintain an appropriate balance between the rights of copyright owners and users in the new digital environment.
The centrepiece of the Committee's recommendations concerns fair dealing. The Committee has recommended that an open-ended and more flexible approach to fair dealing would enable it to be more easily applied to new technologies. The report also includes recommendations in relation to copying by libraries and archives, copying for educational purposes and copying for people with disabilities.
Part 1 of the report is available from Government Info Shops and the Committee's website at http://www.agps.gov.au/clrc/
The contact officer for the report is Peter Treyde, Director, CLRC Secretariat (tel: 02 6250 6323; email: peter.treyde[_at_]ag.gov.au)
ENFORCEMENT OF COPYRIGHT The Government remains committed to ensuring the effective enforcement of copyright. The Government is considering representations concerning current enforcement remedies and procedures.
The Government will continue to support requests from countries in the region for training and assistance to help them meet their obligations under the World Trade Organisation (WTO) Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The contact officer for enforcement matters is Steve Fox, Senior Government Lawyer (tel: 02 6250 6613; email: stephen.fox[_at_]ag.gov.au)
COMPETITION REVIEW OF THE COPYRIGHT ACT The Coalition's election policy, "Law and Justice", made a commitment to initiate an independent review of the Copyright Act. The purpose of the review will be to ensure that the Act does not inappropriately restrict competition and innovation in Australia. The Government is committed to commencing a review of the Act, together with other intellectual property legislation, in 1999 as part of the Commonwealth's Legislation Review Schedule.
The contact officer for the review is Helen Daniels, Senior Government Lawyer (tel: 02 6250 6325; email: helen.daniels[_at_]ag.gov.au)
CONSIDERATION OF Australia's Accession to WIPO "Internet treaties"
Australia's accession to the World Intellectual Property Organisation (WIPO) "Internet Treaties" is under consideration. These treaties are the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
Whilst there has been broad support for Australia's accession to the WIPO Copyright Treaty among copyright stakeholders, such action will not be undertaken until the digital agenda copyright reforms have been enacted. A third and final discussion paper directly dealing with the question of Australia's accession is to be finalised and released shortly. The first two discussion papers dealt with the digital agenda copyright reforms and performers' rights respectively.
For Australia to accede to the WIPO Performances and Phonograms Treaty, consideration will have to be given to the additional performers' rights for which it provides. Views were invited in the Discussion Paper, "Performers' Intellectual Property Rights". Analysis of the 27 submissions received on the Discussion Paper is in train. In conjunction with the Department of Communications, Information Technology and the Arts, face-to-face consultations will be held on the performers' rights proposals and comments received.
The contact officer for Internet treaties matters is Steve Fox, Senior Government Lawyer (tel: 02 6250 6613; email: stephen.fox[_at_]ag.gov.au)
WIPO WORKSHOP IN SHANGHAI ON THE WIPO "INTERNET TREATIES" The World Intellectual Property Organisation (WIPO) recently organised the "Regional Workshop for Asia and the Pacific on Copyright and the WIPO 'Internet Treaties'" in Shanghai on 12-13 October 1998. The WIPO Regional Workshop was organised in cooperation with the National Copyright Administration of China (NCAC). Government representatives from about 15 countries participated in the Workshop including representatives from Indonesia, Malaysia, Singapore and Thailand.
At the invitation of WIPO, Chris Creswell from the Intellectual Property Branch in the Attorney-General's Department spoke at the Workshop about the process of adherence to and implementation of the new WIPO treaties in Australia. The other government speakers on this matter were: Mr Mike Keplinger, US Patent and Trademark Office; Mr Jorg Reinbothe, European Commission; and Mr Kaoru Okamoto, Japanese Copyright Office.
The contact officer for this matter is Chris Creswell, Assistant Secretary (tel: 02 6250 6313; email: chris.creswell[_at_]ag.gov.au).
WHAT IS THE NEW URL FOR THE REVAMPED AGD e-NEWS ON COPYRIGHT WEBSITE?
During the caretaker Government period in the lead-up to the election, the Attorney-General's Department revamped the website for the "AGD e-News on Copyright". The website is on the Attorney-General's Department's website, Window on the Law.
The new URL for the copyright website is: http://law.gov.au/copyright_enews/
We suggest that you update your bookmark for the website because the URL has changed.
The revamped website has been designed to make it easier to use and gives prominence to the highlights in each of the newsletters that are put on the website. Each "AGD e-News on Copyright" newsletter will be available on the "AGD e-News on Copyright" website soon after the newsletter is emailed out.
We have taken on board comments from our readers. We hope you like it. As always we welcome your comments on the AGD e-News on Copyright newsletter and website.
WHERE CAN I ACCESS PAST ISSUES OF AGD e-NEWS ON COPYRIGHT?
All past issues of the AGD e-News on Copyright newsletter are available online permanently at the AGD e-News on Copyright website. So, if you missed out on the first three newsletters (May, July and August 1998) they can be accessed at the Attorney-General's Department website, Window on the Law: http://law.gov.au/copyright_enews/pastissues.html
WHO CAN I CONTACT IN THE INTELLECTUAL PROPERTY BRANCH? In the first issue of this newsletter, in May 1998, we gave you some background detail on the role of the Intellectual Property Branch in the Department, information about the work of the four Sections in the Branch and names of contact officers who can assist you with any questions you may have about particular developments. This information can be found at: http://law.gov.au/copyright_enews/glance.html
For each development covered in this issue we have identified the details of the contact officer to whom inquiries can be directed.
If you wish to contact the Intellectual Property Branch on another matter, please contact: Chris Creswell, Assistant Secretary, Head of the Intellectual Property Branch, (tel: (02) 6250 6313; fax: (02) 6250\5929; email: chris.creswell[_at_]ag.gov.au)
For administrative matters, please contact: My Hanh Rusk (tel: 02 6250 6655; email: myhanh.rusk[_at_]ag.gov.au)
WHERE CAN I GET MORE INFORMATION ABOUT COPYRIGHT? The Intellectual Property Branch in the Attorney-General's Department has produced a booklet on copyright law entitled "Copyright Law in Australia: A Short Guide". For copies please phone (02) 6250 6875 or access the booklet online at the Attorney-General's Department website, Window on the Law: http://law.gov.au/publications/copyrightaus97.htm.
The Intellectual Property Branch in the Attorney-General's Department is not able to give legal advice on specific copyright matters to members of the public. Of course, the Branch does provide Government departments and agencies with legal advice on copyright law matters.
If you have a specific copyright inquiry please contact the Australian Copyright Council tel: 02 9318 1788 or visit them at http://www.copyright.org.au
For information on patents, trade marks and designs contact IP Australia (formerly the Australian Industrial Property Organisation) tel: 1300 651 010 or access information at http://www.ipaustralia.gov.au
WHO CAN I SEND COMMENTS TO ON THIS NEWSLETTER ? Please reply by return email if you would like other people to receive this newsletter or if you would like to be removed from this email list. We would also like to hear from you by return email if you have any feedback on this newsletter.
If you have a specific inquiry about the particular matters raised in this newsletter please contact the person listed as the contact officer under each section.
Bruce Couchman
<couchman.bruce[_at_]ic.gc.ca>
Received on Sat Oct 24 1998 - 15:51:26 GMT
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