Recommendations
Recommendation 1
3.144 The
committee recommends that the Federal Government conduct a public awareness
campaign and develop a 'plain English' consumer guide on the meaning and effect
of the amendments contained in the Bill in order to assist people to understand
their copyright rights and obligations under the Copyright Act 1968.
Recommendation 2
3.145 The
committee recommends that the Federal Government re-examine with a view to amending
the strict liability provisions in Schedule 1 of the Bill to reduce the
possible widespread impact of their application on the activities of ordinary
Australians and legitimate businesses.
Recommendation 3
3.146 The
committee recommends that, in developing guidelines for management of the
Bill's strict liability offences and infringement notice scheme, consultation
should take place with appropriate bodies representing those to be regulated
under the proposed regime, and relevant user-interest groups.
Recommendation 4
3.147 The
committee recommends that proposed subsection 111(1) be re-drafted to make
absolutely clear that individual consumers are not restricted to watching and
listening to broadcast recordings in their own homes.
Recommendation 5
3.148 The
committee recommends that Schedule 6 of the Bill be amended with respect to
format-shifting to specifically recognise and render legitimate the ordinary
use by consumers of digital music players (such as iPods and MP3 players), and
other similar devices.
Recommendation 6
3.149 The
committee recommends that the proposed amendments to the fair dealing exception
for research and study in Schedule 6 of the Bill be clarified to make clear
that only reproductions deemed to be fair dealings will be restricted and that
the scope of the provision allowing any other amounts of reproduction will not
be affected, if they are considered to be fair.
Recommendation 7
3.150 The
committee recommends that Schedule 6 of the Bill be clarified to make it
absolutely clear that libraries, archives and cultural institutions are able to
make sufficient copies for the purposes of preservation.
Recommendation 8
3.151 The
committee recommends that the scope of the exception for 'key cultural
institutions' in Schedule 6 of the Bill be clarified to specifically include
the ABC, SBS, the Australian Film Commission, universities, research
institutions, and other like institutions which hold significant historical and
cultural material.
Recommendation 9
3.152 The
committee recommends that proposed section 28A in Schedule 8 of the Bill should
be amended to clarify that the same range of copyright material currently
covered by section 28 of the Copyright Act is included; that is, that section
28A should apply to communication of a work or subject matter as encompassed in
section 28, and not only to a sound recording or cinematograph film.
Recommendation 10
3.153 The
committee recommends that proposed section 200AAA in Schedule 8 of the Bill be
clarified to ensure that caching for efficiency purposes (proxy caching) does
not infringe copyright; and to ensure that there is no doubt that the
reproduction must be removed after the end of the particular educational course
for which it was made.
Recommendation 11
3.154 The
committee recommends that the Federal Government consider the possibility of
amending proposed subsection 135ZMB(5) in Schedule 8 of the Bill so that
'insubstantial' copying of works in electronic works need not be 'continuous'.
Recommendation 12
3.155 The
committee recommends that the Federal Government consider harmonising the language
used in the definition of 'technological protection measure' in Schedule 12 of
the Bill with the language used in the definition of 'access control
technological measure', by replacing the phrase 'in connection with the
exercise of copyright' in the definition of 'access control technological
measure' with the phrase, 'prevents, inhibits or restricts the doing of an act
comprised in copyright'.
Recommendation 13
3.156 The
committee recommends that the specific exception to liability for TPM
circumvention to allow for interoperability in Schedule 12 of the Bill be
amended to ensure it allows interoperability between computer programs and data
to permit interoperable products to be developed.
Recommendation 14
3.157 The
committee recommends that Schedule 12 of the Bill be amended to include a
prohibition on any agreements purporting to exclude or limit the application of
permitted exceptions under the TPMs liability scheme.
Recommendation 15
3.158 The
committee recommends that the Federal Government undertake a public review of
the impact of the changes made to the Copyright Act 1968 by the Bill,
after a period of two years of operation of the provisions.
Recommendation 16
3.159 Subject
to the preceding recommendations, the committee recommends that the Senate pass
the Bill.
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