Attorney General Announces Review of Fair Use

I expressed the view, which was reported in the media, that there is a reasonable argument for allowing the purchaser of recorded copyright material in one format being able to transfer it to another format for private use, if that was the purpose of the original purchase.

I appreciate there are other issues associated with fair use type exemptions and this is not a simple issue.

Developments in digital technology are changing the way people can use copyright material.

Although I find it difficult to keep up with all the technology and terminology of Ipods, mp3s and P.V.R.s.  This is of course much of what we older people have to put up with these days. I can tell you my kids are all on top of it. Even those that we have as house guests.

But it is also exacerbating the tension between copyright owners, technology companies and consumers.

Content owners and distributors need to develop new business models to adapt to this technology. And it is up to them to respond to these technological changes in a way that will protect and grow their businesses.

The Government is aware that some user groups believe there would be advantages in adopting an open ended exception to copyright similar to the ‘fair use’ provision in the United States.

A ‘fair use’ provision may give the Copyright Act more flexibility to maintain the copyright balance in a digital environment.

Some interests believe fair use principles should determine whether particular uses should be an infringement of owner rights - such as transferring music files to an Ipod player or recording a TV program.

At the same time, the Government understands that the ‘fair use’ proposal is of concern to copyright owners. - Their main concern being that the uncertainty of ‘fair use’ could encourage infringement and undermine their rights.

-- an excerpt from Attorney-General Philip Ruddock's speech at the ACIPA Copyright Conference last Friday, where he announced a review of copyright exceptions. Emphasis added, paragraph numbers removed.

About bloody time.... although I am very skeptical about what we will see form this review, as its an AG department review NOT a CLRC one. For a more meaningful analysis, read Weatherall's Law's take on the issue. How this review and any ammendments which may come from it will operate now that the FTA is in action is something which hasn't been addressed, though it should be. I might submit a paper. We'll see.

Update: As an aside, I find it interesting that the a-g- himself is using the American term 'fair use' rather than the Australian term 'fair dealing'.