PDC: Copyright working group

This Working Group (WG) was established by the Policy Development Committee (PDC) on 6 February 2013.

Working group report
This working group was tasked with developing policy to formalize existing party views on copyright reform. The working group was chaired by Mark Gibbons and will present the following policy text to the March 6 PDC meeting.

Recommendation
The Copyright working group recommends the following policies be adopted as a means to implement the PPAU platform.

Preamble
Copyright was introduced on the basis that some limits to free access and distribution of culture could provide an indirect benefit to the community. The original copyright law legislated a 14 year commercial distribution monopoly on creative work, and an optional 14 year renewal, after which the work entered the public domain to be used and built on by others. This was seen to balance a temporary curb on the free market with the creation of a stronger incentive to innovate, create and publish.

However, this initial balance has been progressively undermined as intensive lobbying led to a succession of extensions in copyright duration. The commercial monopoly on creative work now persists for 70 years after the death of the creator and may often last for a century or more. The creation of perpetual monopolies has led to a fencing off of the public domain to a degree that is actively harmful for the creative community,[1] and which encourages rights holders to rely on previously created content. Thus, the current copyright duration combines a reduction in corporate incentives to create with a reduction in access to existing works. This is against the health of our culture, which relies on engagement and self-participation in a vibrant public domain.

In order to impose increasingly heavy copyright restrictions on the community, content industries have pushed for ever-harsher enforcement. Enforcement of copyright has crept into the realm of non-commercial use, and consequently individuals can now be prevented from listening to public radio[2], or fined millions of dollars for downloading a handful of songs[3]. Community groups and charities have been threatened with legal action for allowing children to perform Christmas carols[4], and corporations are preventing access to public footage of historical events[5]. Consumer rights are also being eroded as technology becomes increasingly crippled though measures such as Digital Rights Management (DRM). The rights of the general public are being trampled by laws that enshrine obsolete, rent-seeking business models[6].

And still greater enforcement powers are being demanded. Bills have reached the US Congress which would have granted US copyright holders power to shut down the websites of other businesses anywhere in the world on the basis of an allegation that the website "enabled" copyright infringement.[7] A range of countries are enacting three-strikes and graduated response laws which grant copyright owners power to monitor private internet communication and disconnect households from the internet on the basis of accusations,[8] and the Australian government has indicated an intention to consider such laws.

Enforcement of modern copyright has become incompatible with fundamental civil liberties. Enforcement measures are violating privacy, principles of fair trial, and rights to freedom of expression, association and assembly (which are enshrined in the International Covenant on Civil and Political Rights). The Australian Constitution contains an implied guarantee of freedom of communication in relation to political matters, which the High Court has determined is essential to the proper functioning of Australian democracy. Political meetings can now be held on the internet and meetings of the Pirate Party are open to participation from the public. Cutting an Australian citizen off from the internet would thus interfere with the right to assembly and political communication, and violate the Constitution as well as High Court determinations and international covenants.

However the ultimate irony and failure of modern copyright law is that file and culture sharing continues to grow unchecked.[9] Humans have always shared culture, and current laws represent a vain and pointless attempt to criminalize innate human behaviour. The long-term viability of copyright must be secured through a re-institution of the original balanced approach. We are seeking to reduce copyright to a period of around 15 years, which is calculated to be the optimal copyright term to drive maximum creative endeavour.[10] Policy also needs to recognize the fact that non-commercial culture sharing among the general public is both inevitable and desirable, and does not reduce revenue to content creators[11]. Creative endeavour through history has been characterised by using and improving on the work of others, and modern attempts to prevent that are equivalent to attacking freedom and progress itself.

Push-back against the present situation is routinely met with attacks from lobbyists who seek to confuse the issue by misusing terms like ‘piracy’ and ‘theft'. The Pirate Party seeks to expose the fallaciousnes of such labels by adopting them, and by drawing attention to the true theft currently underway - the theft of fundamental rights and cultural heritage.

Policy text
The Pirate Party proposes the following reforms in order to ensure that copyright law serves the interests of the general public.

Reduce copyright duration to 15 years.
 * All material to have been copyrighted for longer than 15 years will enter the public domain.
 * Moral rights entitling creators to be identified with their work will remain unchanged.

Remove copyright restrictions applying to publicly funded material.
 * Crown copyright will be abolished for all material produced by government, including:
 * Bills, statutes, regulations, ordinances, by-laws and proclamations, and explanatory memoranda or explanatory statements relating to those materials;
 * Judgements, orders and awards of any court or tribunal;
 * Official records of parliamentary debates and reports of parliament, including reports of parliamentary committees;
 * Reports of commissions of inquiry, including royal commissions and ministerial and statutory inquiries;
 * Other categories of material prescribed by regulation.
 * Copyright will be abolished for publicly financed scientific and academic research.
 * Publicly financed institutions will be required to release all scientific and academic works under principles of Open Access.
 * Repositories will be required to make publicly funded research available to the public.
 * Government funded software will be made open-source, excepting cases where disclosure threatens national security.

Safeguard current exceptions to copyright.


 * Material created in formats accessible to persons with reading disabilities will remain exempt from copyright restrictions, and the exemption will be codified to explicitly over-ride any international export/import restrictions.
 * The copyright act will be clarified to ensure that programming made available on-line by radio stations is considered a broadcast for licencing purposes.

Create additional exceptions to copyright.


 * A generic "fair use" exception will apply to commercial and non-commercial use of copyright material.
 * Use would be subject to a requirement for fairness and reasonableness, and would note:
 * The purpose and character of the work,
 * The nature of the work,
 * The amount of material used, and
 * The probable cost to the copyright holder.
 * A specific exception will be implemented to protect sampling and artistic quotation.
 * This will cover the creation of remixes and parodies, and will provide a legal basis for quotation rights on sound and audiovisual material (including musical compositions and theatrical scripts) modelled on the allowances currently applied to text.
 * A specific exception will be implemented to protect transformative use.
 * Transformative use would require the incorporation of a new creative element not present in the original work.
 * The moral rights of the original artist to be associated with the work would remain intact.
 * A specific exception would be created allowing consumers of copyrighted material to format shift and back up such material for private and domestic use.
 * This would be considered fair use and will override conditions imposed through product sale and licencing.
 * A specific exception would be created allowing libraries and digital archives to digitise their collections.
 * The requirement for archivists to consider documents individually, on a case by case basis, will be removed to enable large collections to be catalogued and stored.
 * A specific exception will be implemented to protect all non-commercial distribution, including file sharing.

Curtail attempts to restrict consumer rights.


 * The 'Technological Protection Measures’ within the Copyright Act 1968—which grant legal foundation to the enforcement of Digital Rights Management (DRM)—will be repealed.
 * Any restrictions or limitations on purchasable items enacted in the name of copyright protection will be required to include information to consumers on the nature of the restrictions, the additional software that will be installed, and any tracking or data collection that will be imposed.
 * A 14 day grace period will be legislated allowing consumers to return any product which includes DRM.
 * Products which include DRM will be considered as being licensed, not sold. Accordingly promotions and offers for such products will be obliged to state that the sale is for a licence only.
 * Restrictions on format shifting will be banned in cases of:
 * Technological format-shifting, whether physical or digital,
 * Translation into another language, and/or
 * Adaptation for the blind, deaf or similarly impaired, including Braille translation, transcription of speech, or creation of spoken books.

[1] Center for the Study of the Public Domain. "The Incredible Shrinking Public Domain" http://web.law.duke.edu/cspd/publicdomainday/2012/shrinking (Accessed 6 March, 2013)

[2] Bridge, Stores under attack from the 'music licence Gestapo', 16 October 2011. http://www.thisismoney.co.uk/money/news/article-2049502/Stores-attack-music-licence-Gestapo.html (Accessed 20 February 2013)

Lavendar, Radio ga ga at Bolton pasty shop, http://www.theboltonnews.co.uk/search/3735632.Radio_ga_ga_at_Bolton_pasty_shop/, 8 October 2008. (accessed February 20 2013)

[3] http://rt.com/usa/copyright-madness-1-million-for-7-songs/

[4] http://torrentfreak.com/uk-copyright-cops-target-kids-schools-community-centers-081015/

[5] http://americanlivewire.com/germans-blocked-on-youtube/

Ammori, Why Tweeting MLK's "I Have a Dream" Speech Now Constitutes Civil Disobedience, 18 January 2013. http://www.slate.com/blogs/future_tense/2013/01/18/internet_freedom_day_why_tweeting_mlk_s_i_have_a_dream_speech_is_now_civil.html (Accessed March 2 2013).

[6] European Commission, Study on Online Copyright Enforcement and Data Protection in Selected Member States, Pages 10-48.

[7] H.R. 3261 (112th): Stop Online Piracy Act, US Congress, Section 103, http://www.govtrack.us/congress/bills/112/hr3261/text (accessed 20 February, 2013).

[8] Taylor, First person fined under NZ three-strikes law, January 30 2013. http://www.zdnet.com/au/first-person-fined-under-nz-three-strikes-law-7000010535/ (Accessed 20 February 2013)

http://en.wikipedia.org/wiki/HADOPI_law

[9] Clara, New Report Shows Dramatic Increase in P2P Filesharing and Streaming Media Worldwide, June 27 2012. http://www.paloaltonetworks.com/news/press/2012/New-Report-Shows-P2P-Filesharing-Streaming-Media-Use-Exploding-Worldwide.html (Accessed February 20 2013).

[10] Pollock, Forever minus a day? Calculating optimal copyright term, June 15 2009, Page 1, http://rufuspollock.org/economics/papers/optimal_copyright_term.pdf (Accessed 9 March 2013).

[11] http://www.economist.com/node/17199460

Oberholzer-Gee and Strumpf, File-Sharing and Copyright, Page 16

Masnick, Yet Another Study Shows That Weaker Copyright Benefits Everyone, 17 June 2009. http://www.techdirt.com/articles/20090617/1138185267.shtml (Accessed 20 February 2013).

'''Got feedback or suggestions? Send us an email at policydev@pirateparty.org.au.'''

Meeting Schedule
This working group has concluded the drafting process and no further meetings are currently scheduled.