[x-pubpol] Australia's copyright reform agenda: exceptions, graduated response & site blocking?

[Joly MacFie]

http://the1709blog.blogspot.com/2014/02/australias-copyright-reform-agenda.html

Posted By Rebecca Giblin on 2/18/2014 07:36:00 am

At the Australian Digital Alliance <http://digital.org.au/>'s annual Forum
last Friday (disclosure: this blogger is an ADA board director),
Attorney-General Senator the Hon George Brandis gave a wide-ranging speech
that covered some of the recommendations proposed in the ALRC Report (which
we discussed here<http://the1709blog.blogspot.com.au/2014/02/the-australian-law-reform-commission.html>)
as well as other copyright policy concerns.

The Attorney-General argued that 'the fundamental purpose of copyright' is
'to ensure that those who take on the risks of creation are appropriately
rewarded for their abilities and efforts.' He reiterated his long-held
belief that 'the fundamental principles of copyright law, the protection of
rights of creators and owners, did not change with the advent of the
internet and they will not change with the invention of new technologies',
and promised to continue supporting creative industries via strong
copyright protection. Against that backdrop, he then acknowledged that
reform is needed, and committed to a 'thorough and exhaustive' review of
the Copyright Act.

In addition to these general remarks, the Attorney had some specific
comments to make with regard to a number of controversial reforms,
including exceptions, ISP copyright policing and site-blocking:

*Exceptions *- As recently discussed, the Australian Law Reform Commission
last week recommended that Australia introduce a flexible 'fair use' style
copyright exception<http://the1709blog.blogspot.com.au/2014/02/the-australian-law-reform-commission.html>.
The Attorney observed that he 'remain[s] to be persuaded' that a flexible
fair use style exception is the best direction for Australia, but committed
bringing an open and inquiring mind to that debate.

*ISP copyright policing *- the Attorney stated that:

The Government will be considering possible mechanisms to provide a 'legal
incentive' for an internet service provider to cooperate with copyright
owners in preventing infringement on their systems and networks.

This may include looking carefully at the merits of a scheme whereby ISPs
are required to issue graduated warnings to consumers who are using
websites to facilitate piracy.

This is a complex reform proposal, and how it is paid for is one of the
principal unresolved issues.

It should also be noted that Australia has international obligations on
this point and that the Government will not be seeking to burden ISPs
beyond what is reasonably necessary to comply appropriate domestic and
international obligations.

As well, I would like to emphasise that this would not put Australian ISPs
at a disadvantage by comparison with their counterparts internationally as
many overseas jurisdictions have the concept of authorisation liability,
secondary liability or similar, which are intended to capture ISPs.

*Site-blocking *- the Attorney also mentioned that stakeholders have
requested new takedown powers which would 'ultimately require ISPs to "take
down" websites hosting infringing content.'




*A self regulatory approach? *Site blocking and graduated response measures
might be unpalatable to some voters, but legislation may be avoided:
Senator Brandis stated a preference for these enforcement reforms to
involve industry self-regulation rather than government regulation.

The full text of the Attorney-General's speech is available here
(pdf)<http://t.co/2u7MM4V7d2>.
We'll keep you informed as the debate continues.



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