Welcome to the
fifteenth copyright newsletter of the
Intellectual Property Branch of the Attorney-General's Department.
Copies of this newsletter (and previous issues) are available on the e-News
on Copyright website at http://law.gov.au/copyright_enews. You may (and please do) forward this newsletter to friends
and colleagues.
Copyright Amendment (Digital Agenda) Bill 2000
The Copyright Amendment (Digital Agenda) Bill 2000 passed through the Senate and House of Representatives on 17 August 2000, and is currently awaiting Royal Assent. The Bill will commence 6 months after this is received. The 6 month delay will allow affected parties to re-negotiate, where appropriate, current arrangements in light of the comprehensive amendments that the Bill makes to the Copyright Act 1968. The Government also proposes that the operation of the legislation be reviewed within three years of its commencement.
The Bill was introduced into the House of Representatives on 2 September 1999 and referred to the House of Representatives Standing Committee on Legal and Constitutional Affairs (the LACA Committee). The LACA Committee tabled an Advisory Report on the Bill in the House of Representatives on 6 December 1999. A number of Government and Opposition amendments were made to the Bill in response to the LACA Committee’s recommendations before the House passed the Bill on 28 June 2000.
As a result of further scrutiny of the Bill and consultation with interests, additional amendments were required in the Senate. The majority of these amendments are technical in nature.
It is worth noting Government amendments to the enforcement measure provisions of the Bill regarding circumvention devices and services, and rights management information. These amendments relate to both the parties who may have standing to bring an action under these provisions, and those who may give permission to perform one of the proscribed acts. The enforcement measure provisions have been amended to ensure that it is the copyright owner and any exclusive licensee who may both give permission and have standing to bring an action in relation to circumvention devices and services, and rights management information.
The Government also accepted an Opposition amendment to the transitional provisions in the Bill. The transitional provisions provide that where copyright owners have previously licensed or assigned the current wireless broadcasting right, they will not be taken to have automatically assigned or licensed the new broadcasting right, which encompasses both cable and wireless broadcasts. Neither will they be taken to have assigned or licensed the broader elements of the communication right, which includes the new right of "making available online". However, these provisions are subject to a contrary intention.
The Opposition amendment makes it clear that a contrary intention can be found outside of the terms of the agreement itself. The Government agreed that this approach gives effect to its intention that the transitional provisions should take into account the commercial practices and the conduct of the parties in determining whether a contrary intention exists.
The amended Bill and explanatory material are available on the Parliament House website at http://www.aph.gov.au/legis.htm. Copies of the Parliamentary debates, including the second reading speech can be found at http://www.aph.gov.au/hansard/index.htm. Copies of the LACA Committee's report are available at http://www.aph.gov.au/house/committee/laca/digitalagenda/contents.htm.
Further detail about the central reforms of the Bill can be accessed in past issues of the e-news at http://law.gov.au/publications/copyright_enews/pastissues.html.
WIPO releases basic proposal for Diplomatic Conference The World Intellectual Property Organisation (WIPO) has published the basic
proposal for the Diplomatic Conference on protection of audiovisual performances
that will take place in Geneva on 7-20 December 2000. The basic proposal
comprises a draft text of a possible new instrument, together with a detailed
commentary on the text. This documentation was prepared by the Chairman of the
WIPO Standing Committee on Copyright and Related Rights. The text of the treaty, together with the agenda and draft rules of procedure
at the conference, is available at http://www.wipo.org/eng/meetings/2000/iavp/index_2.htm. For further information about the background to the draft treaty, see e-news
Issue 13 at http://law.gov.au/publications/copyright_enews/pastissues.html.
WIPO seeks comments on draft report
WIPO is inviting public comments on a draft report on the intellectual
property needs of holders of traditional knowledge. The report is based on
information gathered by WIPO during nine fact-finding missions conducted in
world regions in 1998-1999, including the South Pacific (Australia, New Zealand,
Fiji and Papua New Guinea) in June 1998. These missions aimed to identify the IP
needs and expectations of traditional knowledge holders. The draft report gives an overview of the issues raised with WIPO during the
fact-finding missions. These include: The draft report is available at http://www.wipo.int/traditionalknowledge/report/.
See also the WIPO press release at http://www.wipo.int/eng/newindex/press.htm
(press release
PR/2000/236). Comments on the draft report are due to WIPO by 30 October 2000. The report
will then be finalised for consideration by WIPO members and other interested
parties.
TRIPS booklet and newsletter
The Department of Foreign Affairs and Trade has recently produced a booklet,
"Intellectual Property: A vital asset for Australia", to provide
Australian industry, practitioners, NGOs, government officials and other
Australian stakeholders with practical information about the WTO Agreement on
Trade-Related Aspects of Intellectual Property (TRIPS). The booklet, produced by
the WTO Intellectual Property Obligations and Enforcement Section (IPS), gives a
concise insight into current TRIPS processes and issues. TRIPS, which came into force in 1995, recognised that IP was an increasingly
important component of international trade. The IPS was established to promote
the interests of Australian business in relation to protection of their
intellectual property rights in overseas markets. This has included promoting
the implementation of TRIPS, particularly in the Asia-Pacific region. A key
concern of Australian business has been the need for better enforcement of their
IP rights in export markets. In addition to the TRIPS booklet, IPS will shortly be launching a quarterly
electronic newsletter, Intellectual Property and International Trade, and is
currently restructuring its website (http://www.dfat.gov.au/ip)
to provide up to date information on TRIPS and other international IP issues. To obtain a copy of the TRIPS publication, or to be added to the IPS email
list, please send your contact details to ip@dfat.gov.au. If you would
like to discuss any issue relating to TRIPS or trade and IP, please contact Tony
Taubman, Director, IPS, at antony.taubman@dfat.gov.au,
or Jane Kriegel, Executive Officer, IPS, at jane.kriegel@dfat.gov.au.
Copyright Amendment (Moral Rights) Bill 1999 The Copyright Amendment (Moral Rights) Bill 1999 is currently awaiting debate
in the House of Representatives where it was introduced on 8 December 1999. The
Government has received submissions and held discussions with a range of
interested groups. The Government hopes to bring on debate on the Bill during
the Spring sittings of the Parliament which are scheduled to conclude on 7
December 2000. The Bill and the Explanatory Memorandum are available on the Parliament House
website at http://www.aph.gov.au/legis.htm.
The Attorney-General's second reading speech when introducing the Bill is also
available at http://www.aph.gov.au/hansard/index.htm.
Move to list-server facility
The e-news has recently moved to a list-server facility to manage its
distribution. Subscriptions are now fully automated via either the form on our
website at http://law.gov.au/publications/copyright_enews/EnewsEmail/Enewsemail.html
or via email to the list-server.
Email subscriptions may be sent to lyris@lstsvr1.ag.gov.au. Leave the subject line blank and include in the body of your message:
subscribe enews Given name Surname
We are also undertaking a review of our website with the aim of providing a greater range of copyright information.
WHO DO I CONTACT IN THE IP BRANCH?
1. Copyright Amendment (Digital Agenda) Bill 2000 and related matters (eg. retransmission of copyright, Information
Economy matters)
(Contact officer: Simon Cordina, Principal Legal
Officer, tel: 02 6250 6608 - email: simon.cordina@ag.gov.au
2. Copyright Amendment (Computer Programs) Act
1999 and related matters
(Contact officer: Simon Cordina, Principal Legal
Officer, tel: 02 6250 6608 - email: simon.cordina@ag.gov.au
3. Moral rights issues
(Contact officer: Chris Creswell, Consultant, tel.
02 6250 6318 - email: chris.creswell@ag.gov.au)
4. Performers' rights issues
(Contact officer: Chris Creswell, Consultant, tel.
02 6250 6318 - email: chris.creswell@ag.gov.au)
5. Competition Review of Intellectual Property
legislation
(For the secretariat contact Kay Collins,
Director IPCR Secretariat, Tel: 02 6250 6875 Email: ipcr.secretariat@ag.gov.au)
6. Protection of arts and cultural expression
of Indigenous People
(Contact officer: Fiona Phillips, Senior
Legal Officer, tel. 02 6250 6658 - email: fiona.phillips@ag.gov.au)
7. Copyright Law Review Committee (CLRC)
(Contact officer: James Barker, Principal Legal
Officer, tel. 02 6250 6323 - email: james.barker@ag.gov.au)
8. Enforcement issues
(Contact officer: Stephen Fox, Principal Legal
Officer, tel. 02 6250 6613 - email: stephen.fox@ag.gov.au)
9. Copyright Importation issues
(Contact officer: Stephen Fox, Principal Legal
Officer, tel. 02 6250 6613 - email: stephen.fox@ag.gov.au)
10. WTO, bilateral and regional intellectual property
liaison and cooperation including APEC
(Contact officer: Stephen Fox, Principal Legal
Officer, tel. 02 6250 6613 - email: stephen.fox@ag.gov.au)
11. Government use and ownership of copyright
(Contact officer: Chris Creswell, Consultant, tel.
02 6250 6318 - email: chris.creswell@ag.gov.au)
12. Copyright Tribunal
(Contact officer: James Barker, Principal Legal
Officer, tel. 02 6250 6323 - email: james.barker@ag.gov.au)
13. Collecting Societies and
related issues
(Contact officer: Chris Creswell, Consultant, tel.
02 6250 6318 - email: chris.creswell@ag.gov.au)
14. Circuit Layouts Act
(Contact officer: Simon Cordina, Principal Legal
Officer, tel: 02 6250 6608 - email: simon.cordina@ag.gov.au)
15. WIPO Standing Committee on Copyright and Related
Rights and other WIPO matters
(Contact officer: Chris Creswell, Consultant, tel.
02 6250 6318 - email: chris.creswell@ag.gov.au)
If you wish to contact the IP
Branch on another matter, please contact: Joan Sheedy, Assistant
Secretary, Intellectual Property Branch, (tel: (02)
6250 6313; fax: (02) 6250 5929; email: joan.sheedy@ag.gov.au
If you wish to contact the Attorney-General's Office,
the Departmental Liaison Officer responsible for copyright matters
is Mr Michael Argy (tel: 02 62777300)
For administrative matters, please contact: Maria Gallace (tel: 02 6250 6655; Fax: 02
6250 5929 email: maria.gallace@ag.gov.au)
The IP Branch produces a booklet entitled "Copyright
Law in Australia: A Short Guide". To obtain copies please phone (02) 6250
6875 or see http://law.gov.au/publications/copyrightaus97.htm.
The IP Branch does not give legal
advice on specific copyright matters to members of the public. However, 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 tel: 1300 651 010 or access information at http://www.ipaustralia.gov.au
You may subscribe to the e-news by using the form at http://law.gov.au/publications/copyright_enews/EnewsEmail/Enewsemail.html.
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We would also like to hear from you if you have any feedback on this newsletter. Send an email to us at ip_branch@ag.gov.au.
Attorney-General's Department. Intellectual Property Branch.
e-News on Copyright August 2000.
© Commonwealth of Australia 2000.