Copyright Amendment (Digital Agenda) Bill 1999

7 May 1999

Stephen Smith MP
Shadow Minister for Communications
Parliament House
Canberra ACT 2600

Dear Mr Smith

The Australian Library and Information Association (ALIA) which represents 8000 libraries and librarians seeks your support in protecting the rights of library users and libraries in the Copyright Amendment (Digital Agenda) Bill 1999. The 1997 ABS survey Cultural trends in Australia: a statistical overview, revealed that libraries are the most heavily used cultural institution in Australia. Clients of libraries of all types have learnt to rely on the extensive library network for the provision of information, education and recreation services. The fact that most libraries aim to provide services at either no cost or minimal cost to users indicates the value of maintaining services which provide equitable access to users regardless of geographic, socio-economic or personal circumstances.

There is no evidence to support any concern that libraries will be less responsible for obeying copyright law dealing with online information than they are now in complying with the library provisions affecting non digital information. The library and information sector is not opposed to copyright protection for copyright owners in the online environment. However, this protection should not be granted at the expense of depriving Australian library users from viewing and accessing digital information through our nation's libraries.

It is the Association's view that limited access to digital information through existing exceptions such as fair dealing and the library provisions, will not be prejudicial to the economic interests of creators and publishers. Furthermore, it is impossible to ignore the proliferation of contractual licensing agreements and the use of technological protection measures by copyright owners to control their works online. These measures should not be permitted to prevent copyright consumers from relying on the exceptions to copyright infringement in order to view and access information.

In the interests of preserving the delicate balance between access and protection of digital copyright material, the Association's position is that the Digital Agenda Bill must as far as possible replicate the exceptions which currently exist.

The Australian Libraries Copyright Committee, of which the Association is a member, has made submissions to the Government providing evidence in support of the library community's position and rebutting the arguments of the copyright owner lobby. Copies of these submissions are attached to this letter. The Association asks that the members of the Shadow Ministry give serious consideration to matters outlined in these two submissions.

We would be happy to provide you with any further information you may require.

Yours sincerely

Jennefer Nicholson
Acting executive director