This issue reports on events since issue no. 4 of the AGD © e-News
on 23 October 1998. All past issues are now available on the e-News website.
This newsletter is for information only and does not mention all
matters of current policy interest or activity.
In this issue we report on
As a reminder of some of the happenings of 1998 here is a list of matters from AGD © e-News over the past year
In this newsletter we also answer the following questions:
Changed Responsibilities in the Intellectual Property Branch
Staff Comings and Goings
Various changes to staffing arrangements have occurred
recently.
Chris Creswell has left his position as Assistant
Secretary (ie, the Head of the Intellectual Property Branch) and has been appointed as a consultant to the Department
on certain copyright matters (see below).
Helen Daniels has been appointed to act as Assistant Secretary
of the Intellectual Property Branch pending permanent filling
of that position.
Marie-Louise Symons has left the Branch to take up
an appointment at the Copyright Agency Limited.
Catherine Hawkins has been appointed as the Attorney-General's
Departmental Liaison Officer in the Attorney-General's Office for 12 months,
with copyright as one of the areas for which she has responsibility.
Simon Cordina, formerly working with the Copyright Law Review Committee, has
been appointed to replace Catherine Hawkins for a period of 12
months pending Catherine's return.
Responsibility for certain projects has, in consequence of
these staff changes, been altered. The following lists the main matters
under consideration and the people in the Branch who are the first point of
contact for those matters.
(Contact Simon Cordina, tel 02 6250 6608,
fax 02 6250 5929, email: simon.cordina@ag.gov.au)
(Contact Jacqueline Barrett, tel 02 6250 6326,
fax 02 6250 5929,
email: jacqueline.barrett@ag.gov.au)
(Contact Chris Creswell, tel 02 6250 6313, fax 02 6250 5929,
email: chris.creswell@ag.gov.au)
(Contact Chris Creswell, tel 02 6250
6313, fax 02 6250 5929,
email: chris.creswell@ag.gov.au)
(Contact Chris Creswell, tel 02 6250
6313, fax 02 6250 5929,
email: chris.creswell@ag.gov.au)
(Contact James Barker, tel 02 6250 6658, fax
02 6250 5929,
email: james.barker@ag.gov.au)
(Contact Peter Treyde
tel 02 650 6323,
fax 02 6250 5989, email: peter.treyde@ag.gov.au)
(Contact Stephen Fox, tel 02 6250 6613, fax 02 6250 5929, email:
stephen.fox.@ag.gov.au
(Contact Chris Creswell, tel 02 6250
6313, fax 02 6250 5929
email: chris.creswell@ag.gov.au)
(Contact Stephen Fox, tel 02 6250 6613, fax 02
6250 5929,
email: stephen.fox@ag.gov.au)
(Contact Simon Cordina, tel 02 6250 6608,
fax 02 6250 5929,
email: simon.cordina@ag.gov.au)
(Contact Stephen Fox, tel 02 6250 6613, fax 02 6250 5929 email:
stephen.fox@ag.gov.au
(Contact Jaqueline Barrett, tel 02 6250 6326,
fax 02 6250 5929, email: jaqueline.barrett@ag.gov.au)
(Contact Jaqueline Barrett, tel 02 6250 6326,
fax 02 6250 5929, email: jaqueline.barrett@ag.gov.au)
The first session of the World Intellectual Property
Organisation (WIPO) Standing Committee on Copyright and Related
Rights (SCCRR) was held in Geneva on 2-10 November 1998. The
SCCRR is a new across-the-board approach to development of new
international standards for copyright protection, and reflects
the change in WIPO following the accession of Director-General
Idris in 1997. Australia was represented at the SCCRR meeting
by Chris Creswell.
The SCCRR continued work towards a protocol to the
1996 WIPO Performances and Phonograms treaty (WPPT). Under the
WPPT, protection of performers is limited to their rights in
sound recordings. The discussion focussed on adapting the rights
in the WPPT to the needs of film and TV actors. As the USA is
one of the biggest, if not the biggest, exporters of films and
TV programs, inevitably its proposal was the main focus of discussion.
There were 3 main areas of contention between the
USA (with some support from India, also a big film producer) and
the EC and countries of the EU, Latin America and Africa. These
were: whether the moral rights as provided for in the WPPT should
be qualified for audiovisual performers; whether performers should
have rights in respect of broadcasting and communication to the
public of films and TV programs of their performances; and whether
performers should be deemed to have transferred their rights to the producer of the film or TV program in which they appear unless they have agreed otherwise.
Although discussed only briefly, any provision on national treatment
will also be contentious. While offering analysis of the US and
other proposals, Australia has yet to take a position on these
four issues, which were not resolved at the SCCRR meeting.
The SCCRR agreed to meet again on the audiovisual
protocol in early May 1999 with a view to reconsidering the issues
on which countries are still divided and recommending a date for a diplomatic conference. It seems reasonable to expect that a date
in 2000 will be recommended to the WIPO Governing Bodies, which
would decide the matter at their annual meeting in September 1999.
In regard to possible new international protection
for databases, no draft text is currently under consideration
by the SCCRR. It agreed that WIPO should commission a study of
the economic impact of such protection on developing countries
and also convene regional consultations beginning in April 1999.
Australia commended the giving of careful thought to the impetus
for and the principles that should govern such protection and
the adoption of a flexible approach.
There was almost unanimous agreement in the SCCRR
that consideration should be given to updating the rights of broadcasters
to prevent signal piracy. Australia expressed its support. It
was agreed that WIPO should invite countries to submit draft treaty
proposals by end March 1999, for consideration at the May 1999
SCCRR meeting, and also convene regional consultations along with
the consultations on databases.
(Contact Chris Creswell, tel 02 6250
6313, fax 02 6250 5929
email: chris.creswell@ag.gov.au)
Amendments have been made to the various regulations
under the Copyright Act 1968 and to the Circuit Layouts
Regulations.
The Copyright (International Protection) Regulations
give the Copyright Act extended application to foreign copyright
material in Australia. Amendments to those regulations were made
to simplify the application of the Copyright Act regarding
the duration of protection as it applies to foreign works and
films in Australia. That is, Australia will no longer apply the
'comparison of terms' as it has little practical effect now that
the great majority of Australia's trading partners extend at least
the same duration of protection to copyright material as in Australia.
Minor consequential amendments to the Copyright
Regulations and the Copyright Tribunal (Procedure) Regulations
were also made to bring those regulations up-to-date following
amendments to the Copyright Act earlier this year. Amendments
to the Copyright (International Protection) Regulations
and to the Circuit Layouts Regulations also update the
lists of country members of relevant treaties in the Schedules
to those regulations. In particular, specific reference to countries
with which Australia has a bilateral treaty has been deleted since
the countries referred to, Indonesia and Singapore, have joined
the relevant multilateral conventions.
(Contact: James Barker, tel
02 26250 6658; fax 02 6250 5929; email james.barker@ag.gov.au)
WIPO SCCRR November 1998 meeting
Amendments to the Copyright Regulations and Circuit
Layouts Regulations
The Digital Agenda Exposure Draft Bill will be released
for public comment in the new year. Following consultations
with affected interests, it is proposed that the Bill will be
introduced into Parliament early in its sittings in 1999.
The Digital Agenda Bill will implement the Government's
decision on the Digital Agenda copyright reforms that it announced
on 30 April 1998. The reforms will ensure that the copyright
law continues to promote creative endeavour and at the same time
provide reasonable access to copyright material on the Internet
and through new communications technology.
The contact officer for the Digital Agenda reforms
is Simon Cordina, (tel: 02 6250 6608;
email: simon.cordina@ag.gov.au)
On 8 December 1998 the Senate Environment, Recreation,
Communications and the Arts Legislation Committee tabled its Report
on the provisions of the Broadcasting Services Amendment Bill
1998. The Senate Committee recommended that the Bill be passed
without amendment. However, it also suggested that certain related
issues be the subject of further consideration by the Government
and that elements of the legislation be reviewed 12 months after
proclamation.
The Bill will implement a number of important changes
to the Broadcasting Services Act 1992 in relation to the
areas of anti-hoarding of TV events, subscription television programming, and
retransmission. In regard to retransmission, the legislation
will require pay-TV operators to seek the consent of the owners
of the copyright in the broadcast signal before retransmitting
the broadcast. This will be subject to certain exemptions for
self-help providers and persons in declared remote areas.
It is intended that complementary amendments will
be made to the Copyright Act as part of the Digital Agenda copyright
reforms. These amendments will include addressing the issue of
the rights of the underlying copyright rights holders in the broadcast.
The Senate Committee's report is available at:
The contact officer for issues relating to retransmission is Simon Cordina (tel: 02 6250 6608; email: simon.cordina@ag.gov.au)
On 14 December 1998 at the Taronga Centre in Sydney
the Attorney-General, the Hon. Daryl Williams AM QC MP, made a
speech to the Australian Information Industry Association (AIIA)
and other peak industry organisations. The Attorney-General focused
on developments concerning the proposed Electronic Transactions
Bill, privacy and the Digital Agenda copyright reforms.
In his address Mr Williams stated the Government
believed that successfully developing the information economy
is vital to Australia's continued economic prosperity. He went
on to say that the Digital Agenda copyright reforms were a key
component of the Government's commitment to encouraging the information
economy's growth.
The Attorney-General also referred to the recent
appointment of the Australian Information Economy Advisory Council
(AIEAC).
The AIEAC will provide high level industry and community
input to Government decision making on information industries
and information economy issues. The AIEAC held its first meeting
on 16 December 1998.
A copy of the Attorney-General's speech is to be
made available on his website and on the AIIA's website.
The contact officer for matters relating to the copyright
aspects of the information economy is Simon Cordina, (tel: 02 6250 6608; email: simon.cordina@ag.gov.au)
The Attorney-General's Department brochure "Copyright Law in Australia: A Short Guide", which has recently been updated, provides a basic overview of copyright law and includes references to a number of other organisations and websites that provide more extensive or more targetted advice or information.
For copies telephone (02) 6250 6875 or you can access the booklet on-line at the AGD website.
Past issues of the AGD © e-News on copyright are available on the © e-News website. To go directly to the past issues go to http://law.gov.au/copyright_enews/pastissues.html.
Attorney-General's
Department. Intellectual Property Branch.
e-News on Copyright December 1998.
© Commonwealth of Australia 1998.