PM - Copyright Law Changes Faces Criticism

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PM - Copyright law changes faces criticism

[This is the print version of story http://www.abc.net.au/pm/content/2006/s1783353.htm]

PM - Tuesday, 7 November , 2006 18:54:00

Reporter: Annie Guest

MARK COLVIN: It seems that no one is happy with Federal Government attempts to bring copyright laws into the technology-dominated 21st century.

The Internet search engine Google has already complained that the proposed changes would cripple its business.

And today educationalists told a Senate Committee the laws could penalise students for doing their homework, while copyright owners argued that they wouldn't be afforded enough protection.

Annie Guest reports.

ANNIE GUEST: When the Federal Government announced its copyright reforms in May, it said the laws would be fairer for consumers using new technologies, yet tougher for copyright pirates.

But the chief executive of the Australian Vice Chancellors Committee, John Mullarvey says the proposed laws fails students.

JOHN MULLARVEY: A primary school student, a secondary school student, a university student, or a teacher or a lecturer at a university would have problems in accessing copy marked material.

ANNIE GUEST: Earlier today, John Mullarvey put the Vice Chancellors' arguments to the Senate Legal Affairs Committee reviewing the reforms.

JOHN MULLARVEY: So at the moment there is a limit of 10 per cent of a book or a chapter in a book, but there are certain provisions where if copy more than 10 per cent you can argue that its for fair dealing.

Under this amendment there would be a mandatory drop-dead 10 per cent.

ANNIE GUEST: But how likely is it really that a student photocopying more than 10 per cent of copyright material or downloading more than 10 per cent from the Internet would really be caught and penalised?

JOHN MULLARVEY: We believe it's a real option.

ANNIE GUEST: The Vice Chancellors believe education and research would be hampered.

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The Internet search engine Google has also made a submission that the bill is too restrictive.

But the Australian Copyright Council says it's only fair for copyright owners to be paid for their work.

Furthermore, the Council's Executive Officer, Libby Baulch doesn't believe students should continue having automatic access to 10 per cent of copyright owners work.

LIBBY BAULCH: In some cases, our view is that it's not in fact a fair dealing and that it can have an effect on the copyrighter's market.

ANNIE GUEST: Libby Baulch says copyright owners shouldn't be short-changed by new technology.

LIBBY BAULCH: When material was only available in printed form, it may have been that the only way you could purchase a chapter from a book was by buying the entire book.

What digital technology allows you to do is to sell just that one chapter of the book as a separate entity.

ANNIE GUEST: Is this perhaps a situation where copyrighters are themselves trying to capitalise on the new technology?

LIBBY BAULCH: Well copyright owners of course are looking for ways to use new technology to develop new business models.

ANNIE GUEST: The Australian Copyright Council also opposes plans to allow some copying of songs from CDs to Mp3 players, and some recording from television to DVDs.

But just how much piracy is costing companies is in dispute, with a confidential report to government allegedly casting doubt on the extent of losses claimed by the software industry.

Meanwhile, the Australian National University's Doctor Matthew Rimmer says the reforms have failed in their aims to take full account of new technologies.

MATTHEW RIMMER: The legislation is disappointing because the copyright exceptions that is put forward are narrow, unworkable and unyielding.

ANNIE GUEST: Why has the government got it so wrong in your view?

MATTHEW RIMMER: I think the Federal Government were seeking to make political compromises, however that compromise hasn't necessarily satisfied the various interest groups.

ANNIE GUEST: But the Attorney-General Philip Ruddock says the government has the balance about right.

PHILLIP RUDDOCK: If you've got schools and universities on the one hand saying it doesn't go far enough and you've got copyright owners on the other hand saying it goes to far, we've probably got it about right.

ANNIE GUEST: So does that mean that this Bill's likely to stand as is?

PHILLIP RUDDOCK: No, it means we are looking very closely at the matters that are raised

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during the Senate Committee hearings.

MARK COLVIN: The Attorney-General Phillip Ruddock ending that report from Annie Guest.

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