National Library of Australia Staff Papers, 1999

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A new paradigm for access: the implications of current copyright law reform initiatives

Margy Burn

Abstract


In the last six years there has been a great deal of copyright law reform activity in Australia and indeed, the rest of the world. In this paper I will focus on two major reviews likely to lead to fundamental change to our copyright law which have important implications for libraries and archives: the legislative amendments known as the ‘Digital Agenda’ and the recently completed reference by the Copyright Law Review Committee (CLRC) on Simplification of the Copyright Act.

Apart from these two major reviews there have been several others, not quite so well known. A discussion paper on moral rights has led to the drafting of legislation, expected to be introduced in the next Parliamentary session, establishing for the first time in Australia the non-economic rights of attribution and integrity. A report on the protection of Indigenous intellectual property has not yet led to law reform, perhaps not surprisingly, given the challenges of incorporating concepts of collective Indigenous ownership on a European intellectual property regime which is fundamentally individualistic. Not to mention the lack of a powerful lobby group whose economic interests impel them to apply pressure for law reform! However, there has been some extremely interesting recent case law in this area. There are signs that the Government is showing renewed interest in Shane Simpson’s 1995 review of the Copyright Collecting Societies. And then there is the new reference to the CLRC to report on the Copyright Tribunal; the House of Representatives Standing Committee on Legal and Constitutional Affairs enquiry into copyright enforcement and infringement and the recently announced Competition Review of intellectual property legislation.

It can be difficult for non-lawyers to keep up with all this activity but it is vitally important that information professionals and those working with documentary heritage materials understand the implications for collection managers and users of records. I'll return to this point. But first, let me give some brief background on the two major reviews, the Digital Agenda amendments and the CLRC Simplification reference.


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