Attorney-General's Department (2008)

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Attorney-General's Department (2008)
Title: Copyright Exceptions for Private Copying of Photographs and Films: Review of Sections 47J and 110AA
Author(s): Attorney-General's Department
Year: 2008
Citation: Attorney-General's Department (Australia), 2008, Review of copyright exceptions for private copying of photographs and films - final report, Attorney-General's Department (Australia)
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Aufderheide and Jaszi (2004)
About the Data
Data Description: 33 submissions from interested parties, including individuals and organisations as well as intergovernmental agency consultation.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2008
Funder(s):
  • Australian Government

Abstract

The Attorney-General’s Department has carried out a review of the operation of two copyright exceptions that permit ‘format-shifting’. These exceptions are sections 47J and 110AA of the Copyright Act 1968 which permit photographs and cinematograph films to be reproduced in a different format for private use, subject to certain conditions. The review included a call for interested party submissions and intergovernmental agency consultations. Copyright is a form of intellectual property that protects the rights of creators in certain original forms of expression, including photographs and cinematograph films. It rewards creative effort, and economic investment in creative effort, by granting a number of exclusive economic rights. These rights provide an incentive to encourage the generation and flow of new material to the public. One of the core rights granted by copyright is the right to prevent other persons from copying a work. While copyright does not guarantee a proportionate return for the work involved, the ability to require other persons to pay for copying can give creators and investors some security for the skill, time and resources necessary to produce new works. The Act also provides many exceptions which limit the scope of copyright. These exceptions are an integral part of copyright, recognising that in some circumstances the usual rights of copyright owners should not apply. Exceptions may be adopted for various reasons; such as to permit incidental uses that do not cause significant harm to copyright owners or because a particular limitation of copyright serves the broader public interest. The nature and scope of exceptions reflect decisions by Parliament on balancing public and private interests.

Main Results of the Study

  • Recommendation 1: The Department recommends a re-examination of public awareness material and consumer information on the meaning of the format-shifting exceptions to assist people to understand their rights and obligations under the Copyright Act 1968.
  • Recommendation 2: The Department recommends that no change be made to section 47J at this time. However it would be beneficial to provide further public information in relation to copyright in photographs taken professionally for a family or private occasion.
  • Recommendation 3: The Department recommends that no change be made to section 110AA at this time. However, the Department will continue to monitor the evolution of relevant markets to determine if new products are introduced as anticipated by the film industry.

Policy Implications as Stated By Author

The Department recommended no statutory changes at the time of the Report other than increased public information and education.



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 33
Level of aggregation: Submissions
Period of material under study: 2008