PDC: Creative Works Act

Background
A radical overhaul of the copyright policy to repeal the Copyright Act 1968 (Cth) and replace it with a Creative Rights Act ('CRA') built from scratch.

Rationale

 * Copyright has many negative connotations.
 * The Copyright Act contains many rights that aren't best described as 'copyright (such as moral and broadcast rights).
 * Only English-speaking jurisdictions appear to use the term 'copyright'.

Encouraging the ongoing development of creative works

 * Limited monopoly is the current mechanism.
 * How else can creation be incentivised especially with high investment works?
 * Reduction in copyright terms discourages one hit wonder syndrome.

Promoting dissemination of creative works

 * Will necessitate non-commercial sharing.
 * Will necessitate general exception for accessibility.

Maximising the benefit of creative works to society

 * Basically a combination of the previous two with any extra things.
 * Abolition of crown copyright.

Encouraging investment in the development of creative works

 * This will be very important for high-budget works.
 * How do we encourage people to invest: e.g. financial backing for films, author advances, etc?
 * If the monopoly route is redeployed, should the creative rights to works be automatically assignable?
 * Should there be an assigning of rights? Maybe just licensing agreements?
 * It would not be characterised as a property right, so there is some scope here.

Rewarding creators and investors for the development of creative works

 * Commercial monopoly is one route.

Protecting creator interests with respect to creative works

 * Basically moral rights MK II.
 * Right to attribution, right against misattribution.
 * Probably not rights to protect the integrity/character.
 * Should an attribution right last forever?

Protecting consumer and user interests with respect to creative works

 * No legal basis for DRM/TPM — it can still be used, but will have no legal prohibition of bypassing.
 * DRM/TPM must not interfere with the exercise of exceptions.
 * No limits on non-commercial use of content (time shifting allowed, backups, unlimited playback).

Preventing uncompetitive behaviours with respect to creative works

 * Generally preventing trivial litigation surrounding quotations, etc.

General

 * Must be technology neutral.
 * Must treat all works the same — no distinction between literature/music/recordings/motion pictures/broadcasts.
 * Universal copyright term — no difference between individuals and corporations.
 * Resolution of issues regarding computer-generated works: how much does a human author need to contribute for copyright to subsist?
 * Explicit recognition that where idea and expression are too similar to be distinct, no copyright subsists.

Works covered

 * There should be no distinction between 'works' and 'subject matter other than works' as there currently is.
 * There should be distinct categories and non-exhaustive lists of examples.
 * All creative subject matter should be considered a 'work'.
 * CRA should apply to:
 * Literary works (books, articles, poems, lyrics).
 * Dramatic works (scripts, performance pieces).
 * Musical works (not including lyrics).
 * Artistic works (paintings, drawings, sculptures).
 * Computer code.
 * Audio recordings.
 * Cinematographic works.
 * Photographs.
 * Live broadcasts (radio, television, simulcasting).
 * Published editions (layouts).
 * Compilation works (combinations of any other types of work, and collections of public domain material).

Works excluded

 * Inventions.
 * Trademarks.
 * Designs.
 * Plant breeder's rights.
 * Circuit layouts.