The ARC Centre of Excellence for Creative Industries and Innovation (CCI) has made a submission to the Australian Law Reform Commission’s review of Copyright and the Digital Economy. Our submission can be viewed hereor downloaded from the ALRC web site.
The main points of the submission were:
- There is little evidence in Australia or elsewhere that content creators as a whole derive significant income from existing copyright laws;
- There is little evidence about the extent to which copyright is a necessary component of the business models of organisations that employ Australian creators;
- Existing copyright laws can act as an inhibitor to the development of new business models in the creative industries. More generally, it is the development of new business models, rather than the strengthening of copyright laws, that is the key to survival and growth for the creative industries in a fast-changing digital economy;
- There are substantial costs and inefficiencies for creators associated with current copyright arrangements that adversely affect public access to new and original creative works;
- The rise of cloud computing has generated new uncertainties around the application of copyright law;
- There is a need for clarity around fair dealings and user rights in relation to non-infringing uses of copyright works, and in particular the ability of intermediaries to assist users in making non-infringing uses and to make available works created under fair dealing exceptions;
- A broad private copying exemption should be introduced that is simple in its application, and technologically neutral in its scope;
- A transformative use exception should be considered in revised fair use provisions;
- The ALRC should give consideration to development of a Digital Copyright Exchange, along the lines recommended in the Hargreaves Review and the Hooper Review in the U.K.