Format shifting review

The Commonwealth Government has announced a review of sections 47J and 110AA of the Copyright Act, which permit format-shifting of photographs and films for private use in certain circumstances ...

These provisions were introduced back in December 2006 as part of the reforms introduced when the then Attorney-General discovered that what most people used their VCRs and iPods for were infringements of copyright.

The review is a scheduled review.

So far as I am aware, there hasn't been any case law on these provisions.  Nonetheless, one must wonder how much practical use s 47J is, for example, when it permits the defendant to make only copy ever.

Submissions need to be in by 29 February 2008.

Even more outrageously, the s 47J defence is taken never to have applied if the potential defendant disposes of either the original or the "main" copy; even if the main copy has long since been destroyed at the time of the disposal.

Issues Paper available in .doc or pdf form from here.

Posted: Tuesday - 22 January, 2008 at 05:47 PM         |

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