ALIA supports continuing the present copyright regime in photographs and the submission by the Australian Digital Alliance

Duration of copyright in photographs

25 October 2000

Dr Kay Daniels
General manager
Intellectual Property Branch
Department of Communications, Information
Technology and the Arts
GPO Box 2154
CANBERRA ACT 2601

Dear Dr Daniels

Subject: Extension of time period for copyright in photographs

Thank you for inviting us to comment on proposals for changing Australian copyright law with respect to photographs.

The Australian Library and Information Association represents the interests of the library and information sector and its clients, including the users of educational and public libraries. The Association supports the submission made to you by the Australian Digital Alliance of which it is a member. We believe that it is in the interests of photographers and of the public interest to continue the present copyright regime in photographs for the following reasons:

• at present, all images made by a process similar to photography are protected under Australian law for 50 years from the date of publication. The subject matter of this protection is very broad in its scope, clear, unambiguous and easily enforceable.
  
  
• the time period is equally clear, unambiguous and easily enforceable.
  
  
• by extending the duration of copyright to the life of the author - which, given the generous scope of the subject matter, will often be difficult to identify - plus 50 years, and by making this extension retroactive, the proposal complicates a simple set of regulations, without any demonstrable benefit to the photographer/creator, or the original copyright owner, while causing difficulties for users of photographs, especially those engaged in historical research, education and multimedia. Further, the principle of retroactivity has not been applied in previous amendments to law affecting copyright in photographs. It is not necessary under our treaty obligations. It imports further complication.

We suggest that the present regulation of copyright in photographs rewards copyright owners and promotes the preservation of the historical, cultural and social record. The proposed regime introduces additional financial and time costs and destabilises the balance between creators and users.

Thank you for the opportunity to comment on these proposals. I am happy to provide further information if you need it.

Yours sincerely

Jennefer Nicholson
Executive director