[Osia-members] Reminder: ALRC Copyright Reform referral submissions close 16 November

Brendan Scott lists at opensourcelaw.biz
Sun Nov 4 20:38:27 EST 2012


The ALRC is currently conducting an inquiry into reform of the copyright law. Details are available here:
http://www.alrc.gov.au/publications/copyright-ip42

While the terms of reference exclude some relevant things (such as the scope of DRM), they ask a number of questions which I think are of particular relevance to open source in Australia.  Moreover, the tone of the discussion paper suggests that they may actually be serious about their review, rather than some of the copyright related outputs that have been spawned from the public sector over the past decade.

The questions they seek a response to are here:
http://www.alrc.gov.au/publications/copyright-and-digital-economy-ip-42/questions

Some questions which are probably relevant to OSIA and members are extracted below.  The inquiry is directly relevant to TPPA as a meta- inquiry of sorts.  The inquiry document specifically references TRIPS and bilateral trade negotiations and then goes on to say this:

"One of the possibilities for this Inquiry is to consider what flexibility can be found within international constraints and what advice can be provided for future negotiations on international treaties and trade agreements." (http://www.alrc.gov.au/publications/issues-paper/inquiry at 16)

Regards


Brendan

******* Sample questions:
Question 1.  The ALRC is interested in evidence of how Australia’s copyright law is affecting participation in the digital economy. For example, is there evidence about how copyright law:

     affects the ability of creators to earn a living, including through access to new revenue streams and new digital goods and services;
     affects the introduction of new or innovative business models;
     imposes unnecessary costs or inefficiencies on creators or those wanting to access or make use of copyright material; or
     places Australia at a competitive disadvantage internationally.

Question 2.  What guiding principles would best inform the ALRC’sapproach to the Inquiry and, in particular, help it to evaluate whether exceptions and statutory licences in the Copyright Act 1968 (Cth) are adequate and appropriate in the digital environment or new exceptions are desirable?

Question 3.  What kinds of internet-related functions, for example caching and indexing, are being impeded by Australia’s copyright law?

Question 5.   Is Australian copyright law impeding the development or delivery of cloud computing services?










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