Copyright Amendment Legislatio Essay Research Paper Unlike

Copyright Amendment Legislatio Essay, Research Paper

Unlike much copyright law which struggles to inspire the imagination, this legislation is of particular interest and significance as it aims to set the ground rules, the rights, for our emerging knowledge economy, a central tenet of current political discourse and, I hope, a common vision for Australia. It is the potential of these rights, coupled with the ubiquity of the application of these new rights with technological innovations, which has captured the attention of so many interests. Of course, it was only recently that digital issues were debated in this place in the form of the digital television debate. It was a quite hotly contested debate. I am happy to be speaking about digital issues again today in the chamber but, I guess, rather in the general electronic sense of the word rather than comparing two analog spectrums and, say, the possibilities of multi channelling.

The bill’s central aim is to ensure that copyright law continues to promote creative endeavour while allowing reasonable access to copyright material on the Internet and through new communication technologies. The bill introduces a new right of communication to replace the broadcasting right of the 1968 act. This right is intended to be technologically neutral, thereby providing copyright to all interactive transmissions datacasting, Internet services and similar emerging technologies as well as technologies with which we are more familiar, such as standard broadcasting technologies. The bill introduces three new enforcement measures. These concern the manufacture of and dealing in devices for the circumvention of technological projection measures, that is in certain cases; the intentional removal or alteration of electronic rights management information, like digital watermarks; and the manufacture of and dealing in devices for the unauthorised reception of encoded subscription broadcasts, like decoders, to allow the unauthorised reception of pay TV signals.

The bill’s objects reflect the aim of trying to strike a balance between access and copyright protection. The Australian Democrats, as they have said a number of times in the parliament, support a strong and enforceable intellectual property scheme which encourages creativity and innovation. However, we also recognise that a balance between encouraging creativity and the commercialisation of that creativity is required. This means that in every circumstance the benefits to the creator and the broader community must be weighted for the benefit of all Australians. We believe that individual, community and broader Australian interests should be examined and exclusive rights granted where they will benefit. The Democrats support the pursuit of such a balance under this scheme, though the extent to which this balance has been appropriately struck can only be assessed comprehensively after the system has been in operation for a period of time. This bill has undergone a long gestation and drafting process I do not think anyone would disagree with that. Its inception was under the last Labor government, though the need to extend copyright to the digital age was also recognised after the formation of the coalition government. I am not sure if I am being too kind to you, Senator Kemp, but feel free to interject at any stage. From these beginnings the Copyright Amendment (Digital Agenda) Bill was drafted and, of course, made its gradual progression to the Senate. I also acknowledge the extensive revision of the bill since it was released as an exposure draft for public comment back in February last year.

The Democrats also recognise the need for balanced copyright legislation for the emerging digital age and the pace at which digital technologies are developing and being applied. As all contributors to this debate have emphasised so far, it is a complex debate, but it is obviously an important one and a reasonably interesting one. As we know, Australians are great users of technology; we take on and we adopt technology at a greater pace than almost any other nation. Australians love the potential of the digital age, and I believe that our legislation should reflect this and incorporate the flexibility and balance that this technological change requires. For these reasons, the Democrats support the speedy passage of this legislation through the Senate.

The Democrats recognise that, while this process has produced a bill with sufficient middle ground among interested parties, it has also skewed the focus of interest in this bill, which should really be about the recognition and the promotion of creative endeavour foremostly, Australian creative endeavour. Whether you are a creator, a communicator, a collecting society or a user of copyright material, creative endeavour is of common interest and value to all. Innovative endeavour is a commodity recognised in both the `knowledge nation’ statements and we have heard a bit about those again today and the `can-do country’ outlook, so I think both old parties have some recognition of innovative endeavour. This bill sets out the rights surrounding this commodity, though its significance has been somewhat camouflaged in the bill’s negotiation processes.

Some of these concepts were debated and highlighted at the National Innovation Summit this year. I was fortunate to attend that summit in February, and I have put on record a n