Copyright changes on cards despite music industry criticism

The Attorney-General's office has started preparing a discussion paper to set parameters for the review of the Australian Copyright Act which may see consumers who have purchased movies or music legally able to transfer them to other media.

A spokesperson for the Attorney-General told ZDNet Australia that the government was preparing a discussion paper on the issue which would be released at some point this year.

The discussion paper will set the parameters of the review regarding the inclusion of the so-called fair use clause, which would enact a change allowing consumers to freely copy their movies, music and photographs from one medium to another as long as it's for private use alone.

"We are committed to properly considering whether the principle of the fair use act should be added to the Australian Copyright Act. We are currently formulating the terms and scope of the review," she said.

The announcement of a possible review of Australia's copyright law has received mixed reactions from different sectors, with the Australian Consumers Association welcoming consideration of the fair use clause.

The review will also examine ways of compensating owners of the copyright through some sort of levy system similar to the one being used in Canada.

However, Music Industry Piracy Investigations (MIPI) outgoing chief Michael Speck believes that it is "highly unlikely" that the 'fair use' clause will be implemented in Australia. Speck said consumers already have ways to purchase their products through different means.

"Consumers can buy music online or buy a disc to use. It's two different species of products in the market place. It allows customers to have their cake and eat it too. They really can't complain," Speck said.

Speck also lashed out at the ACA's statement, saying that the organisation does not represent the Australian consumers' view since they only have less than 500 members and that they should just "stick to testing washing machines."

Music analyst Phil Tripp, on the other hand, believes that the copyright change is "long overdue." Tripp has been lobbying for close to two years now to see the laws changed in order to "incorporate the rights of Australian consumers as well as reinforce payment to composers and artists as a pay off".

"I think fair use of music in particular is a critical issue that record companies and the self-serving industry can no longer justify fighting futilely," Tripp said.

"I applaud the government in seeing the need to see the copyright law changed for the benefit of consumers," he said.

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Talkback 3 comments

    Well, we all know that this is ...Anonymous -- 17/02/05

    Well, we all know that this is a right we should have had all along, but i'm betting the music / movie industries will use their considerable influence to threaten or bribe this change to oblivion. Even if it does go through, all they will do is make sure stronger encryption methods are used to prevent consumers from taking advantage of the law change. A pessimistic outlook, but I think the obvious outcome.

    "Consumers can buy music ...Anonymous -- 17/03/05

    "Consumers can buy music online or buy a disc to use. It's two different species of products in the market place. It allows customers to have their cake and eat it too. They really can't complain," Speck said.

    Thank you thank you thank you speck, I'm so glad you have said that there is a combination Cradel of Filth - novelty c****ette! I was about to risk breaking the law and mixing up a cd then recording a tape alternating tracks of my favourite black metal band and such silly tunes as "If you're happy and you know it" and "Hokey Pokey". That is just the thing I need to confuse and scare the customers (one of the few pieces of entertainment in my job)). I'm so glad you have said it is available directly on c****ette for the old tape player at the servo. But just one last question? Is it available at all music stores? Because I haven't beeen able to see it yet (tho I can be blind)? If not, to which nearby record store do I need to go to legally purchase this?

    Once again thank you for letting me know I don't have to break the law to get this!

    Michael Speck says “Consumers ...Anonymous -- 21/03/05

    Michael Speck says “Consumers can buy music online or buy a disc to use”. He appears to be confused about what is at issue here. If I buy a music CD am I buying the physical medium that contains the music or the music itself?

    The CD is subject to being damaged in a number of ways. To argue that I should have to buy another CD to replace a damaged one in order to have access to the same music is silly in the extreme. Is he seriously suggesting that a 50-cent CD is what I’m paying $30.00 for?

    The fact that I can buy music online supports the argument that I am buying the music (or the right to the enjoyment of the music). In that case, why should I be restricted to listening to the music on the physical medium by which it was delivered to me? Would he argue that I should only be able to listen to downloaded music on my PC that I used to download it?

    It time for the copyright laws to be amended to allow people to enjoy the music they have legally purchased.

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