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Tue Apr 3 04:05:46 UTC 2007 (e-mail contact link on CAUL home page)
Dear All
Just to bring you up to date, as Matt says the Bill currently before
parliament is a shocker.
The Technological protection measures (TPM) draft was released a few weeks
ago and has to be enacted by the 1st January 2007 so we comply with the US
FTA. This was being dealt with separately when suddenly two weeks ago an
omnibus Bill (250pages) was released together with a 245page explanatory
memorandum - with a response time of 10 days. This Bill rolls in a whole lot
of other changes some good (time and format shifting for individuals) and a
lot not good for libraries and institutions.
The Bill:[1]
- narrows the fair dealing for the purposes of research and study,
effectively removing the 'fairness' parts
- narrows "educational purposes" by making it 'educational instruction"
- does NOT allow time or format shifting for institutions
- changes the definition of 'library' for use with the 'library exceptions'
- including a variation of the 3 step test in the legislation (TRIPSPlus)
And a host of other bits which you will see in the ADA/ALCC submisssion to
which we all had input.
It is a win for copyright owners and business interests at the expense of
users, particularly as we do not have a 'fair use' provision as protection.
We still have work to do next week lobbying parliamentarians and givng
verbal submisssions at the LACA hearings next week.[2]
We haven't given up hope yet but it is looking grim.
I'll let you know if we have any success next week.
Evelyn Woodberry
University Librarian
University of New England
Armidale NSW 2351 Australia
phone +61 2 6773 2165  fax +61 2 6773 3943
President, Council of Australian University Librarians
-----Original Message-----
From: Denise Nicholson
Sent: Friday, 3 November 2006 5:47 PM
To: Denise Nicholson
Subject: Bad news from Australia - Copyright amendment bill 2006 (Cth)-open
season on google
Australia signed a Free Trade Agreement (including a TRIPS Plus IP
Chapter) with the United States. Its Copyright Amendment Bill has come
before the Australian Parliament - see Matthew Rimmer's report below.
From:   "Matthew Rimmer"
To:     "Matthew Rimmer"
Date:   /3/11/06 02:07:29 AM
Subject:        Bad news from Australia - Copyright amendment bill 2006
(Cth)- open season on google
Dear all,
The Copyright Amendment Bill 2006 has come before the Australian
Parliament (Cth):[3]
Instead of creating a US style defence of fair use or even reforming
the defence of fair dealing, the Australian Government has
actually narrowed the defence of fair dealing in respect of research
and study. There are new minor exceptions on time-shifting,
format-shifting, non-commercial use by libraries and archives, and
satire and parody. However, such provisions have been
so narrowly framed that they are largely unworkable and inoperable.
Search engines, such as Google, will be in particular strife
in Australia under such a regime. In addition, the Australian
Government is providing copyright owners with stronger technological
protection measures and a wide range of remedies.
A Parliamentary Committee will hear half a day of debate next week on
the topic:[4]
Worth highlighting the submission of the Australian Digital Alliance:[5]
The submission of the Australian Libraries Copyright Committee:[6]
and the submission of Google:[7]
I would be most grateful if you would publicise such developments on
your various blogs and lists.
Kind regards,
Matthew Rimmer


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