Intermediary liability: two submissions to AGD Online Copyright Infringement consultation

We’ve just lodged two submissions to the Attorney-General’s Department consultation on Online Copyright Infringement.

The first submission is from the QUT IP & Innovation Law research group. This submission gives a good overview of a few important points:

  • Copyright infringement in Australia at the moment should be thought of as predominantly a market problem, and we should look for market solutions.

  • Graduated response schemes are unlikely to be effective, but they pose serious risks for due process and the rule of law.

  • The proposed changes would create serious uncertainty in authorisation liability, while at the same time probably won’t actually achieve the Government’s goal.

  • There’s no evidence that website blocking is likely to be effective.

The second submission is on behalf of Creative Commons Australia and the Organization for Transformative Works. This one focuses on the proposal’s likely chilling effects on free expression and the flow of knowledge and culture.

I should also say how incredibly proud I am of QUT IP law students in putting the first submission together. They worked really hard over the short review period and produced a really good piece of work.