The main focus for the ALRC will be copyright
There's now some more certainty about the Australian
Government's review of copyright law, with the release this
week of the terms of reference.
The focus is on exceptions, with the ALRC being asked to
consider the current ones, and also whether further exceptions
recognise fair use of copyright material;
allow transformative, innovative and collaborative use of
copyright materials to create and deliver new products and services
of public benefit; and
allow appropriate access, use, interaction and production of
copyright material online for social, private or domestic
The ALRC has to look at this in the context of our international
obligations, the importance of the digital economy, and the policy
balance between the rights of copyright owners and users.
This of course comes at a time when copyright issues are being
considered in other reviews. The ALRC must take into account
recommendations from related reviews, in particular the
Government's Convergence Review, but can't duplicate work
unauthorised distribution of copyright materials using peer to
the scope of the safe harbour scheme for ISPs; or
increased access to copyright works for persons with a print
It also cannot duplicate the work of the just-announced review
of exceptions in relation to technological protection measures.
The next steps are for the ALRC to release an Issues Paper in
August 2012, with the Final Report due by November 2013.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
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