Minutes/Alternatives to Copyright Working Group/2016-02-18

Meeting Minutes This document is a record of a meeting. Do not edit this document without contacting the relevant group first.

Start: 20:30 18/02/2016 AEDT

Finish: 22:18 18/02/2016 AEDT

Decisions made

• The Creative Works Act:
  • Name of new legislation will be the Creative Works Act
  • 15 year commercial period for creative rights from date of publication, subject to exceptions and exemptions.
  • No rights for subjects of works (eg, people in photographs) unless otherwise agreed between the parties.
  • Right of panorama (right to take photos in a public place, regardless of any rights in materials captured by the photographer).
  • Public interest exemption for using materials without permission.
  • A fair use provision per the ALRC recommendations in Copyright and the Digital Economy.
  • Abolish Crown copyright for materials produced by or as a function of government, and emphasise the public ownership of those materials.
  • Rights can be transferred to another person (natural or legal) for a limited time, after which it will revert back to the creator, except where:
    • the rights are transferred by will on the death of the creator (which does not affect term length), or
    • a work is produced under contract that specifies alternative arrangements.
  • Legal protections for digital rights management and technical protection measures to be abolished.

• Other policy aspects:
  • An education campaign to inform creators of the various options for licensing their works to the public.

Immediate research directions

• The utility and viability of a threshold for originality similar to s 7 of the Patent Act.
• How best can dissemination of original works be facilitated?
• What steps are necessary to facilitate access by the disadvantaged?
• How can investment be encouraged?
• Should limits be placed on moral rights?
• How should technical protection measures and digital rights management be handled?
• Is trivial and vexatious litigation an issue and, if so, how can it be prevented?
• How are reforms restricted by Australia's international obligations?
• Which international instruments will need to be renegotiated or withdrawn from?
• Should the term of protection be uniform regardless of the type of work and right holder?
• Criteria for safe creation of derivative works.

Next meeting

• 10 March 2016 pencilled in.