Report on the
Australian Digital Alliance forum 'Embracing the Digital Economy:
creative copyright for
a creative nation', 1 March 2013, Australian Portrait Gallery.
This year’s ADA forum coincided with the current Australian Law
Reform Commission inquiry, Copyright and the Digital Economy. It provided an opportunity to hear Keynote
speakers and panelists viewpoints on the impact of economics and technology on copyright law
in today’s world
of the ‘digital native’―where the idea of resource access and sharing is an
expectation and human right.
The main
keynote speaker, internet law specialist and New Zealand District Court Judge,
David Harvey, picked up on the human rights issue by promoting a total paradigm shift, the discarding of current copyright law in favour of regulation based on Article
19 of ICCPR (freedom
of expression). The set of rules we
have developed around copyright, he argued, belongs to a print paradigm with little contemporary relevance;
its oppressiveness is putting the credibility of law at risk. Under
his model, copyright would become the exception while interference with Article
19 would require justification.
The other keynote speaker, Associate Professor Matthew Sag (Loyola
University Chicago and visiting scholar, Melbourne University) outlined his
research on predictability of ‘fair use’ and the US decision to codify ‘fair
use’ into law and rely on judicial decision.
In response to the keynote speakers, a wide range of speakers and
panelists from diverse backgrounds spoke of their experiences and challenges as
stakeholders in copyright law. The underlying concern, common to all the
interested parties was that uncertainty regarding the law was stifling creativity
and hindering business plans. It became apparent that clear guidelines would be
beneficial to anyone who is affected by intellectual property and copyright
law. From a Librarian’s perspective this is certainly concern, archiving and
allowing access to electronic material while seeking permissions on a case by
case basis.
The current Australian Law Reform Commission inquiry focus
includes ‘fair use’ and replacement of ‘exceptions’ covering issues such as cloud
computing, transformative use and license barriers to digitization. The Australian Libraries Copyright
Council and ADA joint submission to the inquiry supports open ended
flexible exceptions
based on the US fair use model suggesting that exceptions have to date been unable to effectively adapt to new
technologies
and fair dealing and technology neutrality need not result in unpredictability.
It notes that caching and
cloud
services are possibly outside protection of the Act.
The ALRC is
due to report in November 2013.
Anne Pyle
Jonathon
Guppy
Commonwealth
Parliamentary Library
