ALIA copyright service: the digital agenda
Your guide to lobbying for change
the Bill and your library | first digitiation right | definition of a library | temporary copies | circumvention devices | lobbying for change | resources
The Copyright Amendment (Digital Agenda) Bill 1999 (the Digital Agenda Bill) was introduced into the House of Representatives on 2 September 1999 by the Attorney General, Daryl Williams. The Digital Agenda Bill implements Australia's international copyright obligations. The new legislation updates the current copyright regime by giving copyright owners strong protection for their digital copyright but at the same time by allowing the free copying exceptions to be carried forward into the online environment subject to certain restrictions.
The Bill was subsequently referred to the House of Representatives Standing Committee on Legal and Constitutional Affairs for inquiry. The committee released its advisory report in December 1999. This report is available at http://www.aph.gov.au/house/committee/laca/digitalagenda/contents.htm
The government is deciding how it will respond to the report and whether amendments will be moved to the Bill. The Digital Agenda Bill is expected to be debated in parliament in April 2000.
How might the Digital Agenda Bill affect your library?
The Digital Agenda Bill will dramatically change the way libraries deliver information. ALIA can help your library to lobby for change to this Bill to ensure that this legislation represents the best outcome for libraries. The LACA committee has made some important recommendations to change the Digital Agenda Bill. Below are some of the key issues flowing from the Advisory Report which may affect the way your library provides services to clients.
First digitisation right
The first digitisation right is a new concept and has been recommended by the committee to give copyright owners control over print to digital copying. The committee has reduced the range of exceptions which can be relied upon as a defence to copyright infringement of the first digitisation right. For example, the defence of fair dealing for research or study purposes will not apply to this new right. This means that students and researchers will not be able to scan print documents for research or study. Most of the library copying exceptions will also not apply. Libraries generally will not be able to scan print material for library users and other libraries unless a licence is sought from the copyright owner. It is also possible that sending documents by fax may contravene the first digitisation right.
Libraries will only be able to digitise print documents for preservation type purposes and for supply to library users who are not able to get a print copy within four days by ordinary post. ALIA strongly opposes the first digitisation right and believes that it should not be included in Digital Agenda Bill.
Definition of library
The committee's report recommends that the definition of library should be removed from the Digital Agenda Bill. The definition is an important inclusion. It will interfere with valuable and important resource sharing arrangements between non profit and for profit libraries. Copyright owners will continue to lobby members of parliament to keep the definition in the Bill. Libraries should continue to keep pressure on the members of parliament in all parties to ensure that the definition is removed and that the issue is not revisited without extensive consultation with the sector.
Temporary copies
The committee has recommended that the Digital Agenda Bill be amended to remove statutory provisions which exempt temporary copies made during the course of a communication from infringing copyright. Temporary copies are made during the course of every electronic communication such as browsing, caching, transmitting material by e-mail and using electronic equipment such as digital copiers and portable CD players. Temporary copies are made automatically as part of the technical process of communicating material. If the committee's recommendation to remove the exception for temporary copies is implemented, copyright owners may demand copyright fees for every temporary copy made and they will also be able to apply for injunctions to stop the communication of temporary copies which they have not authorised.
Circumvention devices
Copyright owners are using technological protection measures such as encryption to restrict access to their material. However, copyright users and libraries want access to circumvention devices so that they can read and use encrypted material in the same way as they would use print material. The Digital Agenda Bill does allow circumvention devices to be used for certain purposes such as library to user and library to library copying and some fair dealing purposes. However, this list does not include fair dealing for research or study or library copying for preservation purposes. Libraries and library users must be able to get access to these devices for all non infringing purposes such as fair dealing for research or study purposes and all the library copying exceptions without remunerating copyright owners. While the committee has not recommended that these devices should be allowed for non infringing purposes it has agreed that libraries should be able to legitimately access these devices for preservation type purposes.
Contracts
Once again, the Digital Agenda Bill and the LACA report ignore the issue of contracts overriding the statutory exceptions within the Copyright Act. As a general rule, a contract setting out the terms and conditions of how an item will be used can override exceptions within the Copyright Act such as fair dealing and library copying. ALIA is lobbying members and senators to include a contracting out provision within the Digital Agenda Bill which would ensure that where a contractual provisions overrides a statutory exception within the Copyright Act, that provision would not be enforceable.
Fair dealing
It is important that libraries continue to fight the fair dealing rights of library users in the digital world. Library users must be able digitise small amounts of print information or have legitimate circumvention devices to unlock valuable encrypted material for all fair dealing purposes such as research or study. Libraries should continue to lobby for change to ensure that the fair dealing continues to be an important feature in getting the right balance between access and copyright protection in both the digital and print environment.
Lobbying for change
ALIA is encouraging members to lobby their local federal members of parliament and relevant ministers and shadow ministers to address the issues raised in the Digital Agenda Bill and the recommendations flowing from the LACA Report. This information sheet outlines the library communityis key concerns with this legislation which should be raised in your representations to members of parliament and senators. ALIA can help you decide how best to lobby members of parliament and senators. You will find a list of names and addresses of the relevant ministers and shadow ministers attached to this information sheet. To find out the name of your local member of parliament and senator see http://www.aph.gov.au/whoswho/index.htm
For more information about lobbying please contact the copyright officer at the Australian Library and Information Association, ph 02 6215 8226.
Helpful resources
The following information is available on ALIAnet:
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