The Attourney General is still mulling over the possibility of a “fair use” exception to copyrights in Australia, something the US takes for granted, and makes creepy laws like the DMCA less scary for them. Recently there was a call for submissions on an issue paper. Below is my contribution to the murky pool of IP debate.

Submission to Fair Use and Other Copyright Exceptions

Ms Helen Daniels

Assistant Secretary

Copyright Law Branch

Attorney-General’s Department

Robert Garran Offices

National Circuit

BARTON ACT 2600

Dear Ms Daniels,

Please find my submission regarding fair use and copyright exceptions listed below.

Firstly, I note that the issues paper states copyright promotes content creation “It does this by providing exclusive economic rights to copyright owners to control certain uses of their works.” I would remark that it is essential that these rights be applied only for a limited time, allowing the entire community to benefit freely from the works when they enter the public domain.

Secondly, I urge the Attorney-General to reform copyright law in Australia to provide enhanced flexibility for end users. Such a reform is necessary to maintain the balance between rights holders and the community that has been shifted in favour of rights holders by the adoption of the USFTA.

Thirdly, I would urge the addition of a broad fair use exemption to existing laws that is technology neutral and that eliminates anomalies in current laws operation (such as format shifting, time shifting and non-commercial sharing amongst friends).

Fourthly, I would oppose the introduction of any tariff on blank media, as these media can be used for many purposes other than copyright infringement

Fifthly, should either a fair use exemption or a statutory licence be adopted, I would urge that a complementary regulation be adopted to prevent rights holders limiting fair use or statutory licensed copying by technological means.

I thank the Attorney-General for this opportunity to comment.

The new VW bus, "Warren", accompanied by copilot
Originally uploaded by mskeggs.

Too far now, from the flat plains below, the mountains creep up to the sky.

The train launches up to Lapstone, placing the city on a board far below.

Still the track winds upwards, leaving die-straight gums behind, filled with knee-high scrub and framed by steep rock cliffs.

Carving a path through humps of sandstone, dribbling red smears of iron rust through the roots of long grey grasses scrabbling for purchase.

Under the brick bridge then to burst out again in the westering light that casts long shadows pointing toward Lithgow.

Glenbrook trickles in, a relief of brick and fibro and tile after the wild cliffs and crevasses of the park.

Walled by pocked sandstone, its golden glow stained by dark run off and chipped and cracked, and extending as the tracks brother, sometimes rising, sometimes falling as the silver can shoots through.

A gash through the greenery slides into view as the tar ribbons of Blaxland approach. Neat lawns and cosy homes perch on either side of the twins of transport, track and highway, pushing on up the rise.

Dark ahead and winding through scattered lights the track goes on.

Everymorning I walk past an almost empty Chinatown, and every
afternoon it is packed with people and noise.

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