London
15 September 2017
Reporter: Barney Dixon

Fair use for Australia could future proof copyright


A “principles based” fair use exception for Australia could be more flexible and help to future proof copyright, according to Rohan Singh, special counsel at DLA Piper.

As the country discusses the balance of fair use and safe harbour laws to protect users, rights holders have complained that such laws could make it easier for large corporations to use Australian content without fair payment.

Key backers of proposed changes say that fair use and safe harbours would “future proof the Copyright Act”.

Singh has argued that the laws could “be more flexible, and may adapt to the changing landscape of content use, rather than waiting for legislative changes to catch up with community practice”.

He said: “Critics of general fair use exceptions claim they create uncertainty and reduce the incentives to create. While likely to be more beneficial for users than copyright owners, the productivity commission’s report asserts that the US system provides more certainty than in Australia and that US creative industries thrive.”

Australia could likely follow a US model of fair use, and the government says copyright reform should be considered in a holistic context, rather than focused on individual issues.

The government wants to create a framework that will keep pace with technological advances, and one that is flexible and works for everyone.

Subscribe for free to the next issue of IPPro The Internet, published on 19 September, to read this article in full.

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Radiohead sue Lana Del Rey for copyright infringement
8 January 2018 | New York | Reporter: Barney Dixon
Radiohead are suing Lana Del Rey for copyright infringement, claiming that the Del Rey’s 2017 song Get Free was similar to their 1992 song Creep
Glosfer and Gemmy to create blockchain copyright protection platform
4 January 2018 | Seoul | Reporter: Barney Dixon
Blockchain firm Glosfer has signed a memorandum of understanding with copyright protection company Gemmy to create a blockchain-based copyright protection platform
Dish Network sues IPTV providers
4 January 2018 | Maryland | Reporter: Barney Dixon
US satellite TV network Dish has sued two IPTV providers, claiming that they profit from the unlawful retransmission of Dish TV channels
Spotify sued for $1.6 billion over copyrighted works
3 January 2018 | California | Reporter: Barney Dixon
Spotify has been sued for $1.6 billion by Wixen Music Publishing, which represents artists including Tom Petty, Neil Young and the Beach Boys
Facebook slams infringing content in first half of 2017
19 December 2017 | California | Reporter: Barney Dixon
Facebook removed more than 2.5 million pieces of copyright infringing content across its Facebook and Instagram social media platforms in the first half of 2017, according to the company’s annual transparency report
APLA and French police take down piracy site
14 December 2017 | Bordeaux | Reporter: Barney Dixon
A joint operation between French police and the ALPA has resulted in the closure of piracy streaming website, artv.watch
PSNI, HMRC and FACT seize 50 illegal streaming devices
08 December 2017 | Belfast | Reporter: Barney Dixon
A joint operation between UK enforcement bodies has resulted in the seizure of 50 illegal streaming devices