On 9 December 2022 the Attorney General released the Copyright Enforcement Review Issues Paper, and with it launched the twelve week consultation period into the appropriateness of Australia’s existing copyright enforcement mechanisms.
The objective of the review led by the Attorney General’s Department is to understand ‘current and emerging copyright enforcement priorities and challenges’, and to gauge whether the existing copyright enforcement regime remains fit for purpose – or whether it could be supplemented in a way that does not ‘impos[e] unreasonable administrative or economic burden’.
By his announcement of the review on 24 November 2022, the Attorney General indicated this review was informed by the continued need to safeguard royalty payment streams to artists for their online content, given that the closure of live event spaces during COVID had attenuated other sources of income. The announcement highlighted that ‘protecting that income from theft or leakage is vital to maintaining a robust copyright system and a healthy environment for artists’. The issues paper also refers to the 2021 Consumer Survey on Online Copyright Infringement, which identified that, although unlawful consumption of online content had in fact decreased and remained well-below 2015 levels, and site-blocking measures seemed to be working effectively, a significant number of Australians had recently accessed online content in a manner that is likely to be unlawful.
The topics covered by the Issues Paper are broad-ranging. Submissions are invited on current copyright infringement challenges, the effectiveness of existing industry-led and statutory copyright enforcement mechanisms (such as the website-blocking and safe harbour schemes), and the accessibility of remedies and penalties under the Copyright Act via the Australian courts.
The review seeks input on:
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The mechanisms currently available in Australia to protect copyright include:
- informal, industry-led mechanisms such as commercial licencing agreements, take-down processes, and alternative dispute resolution; and
- court-facilitated mechanisms that enable copyright owners to seek remedies such as injunctions, site-blocking orders, and damages or an account of profits.
This is not the first review into Australia’s copyright protection regime (and is unlikely to be the last). Similar reviews into Australia’s copyright regime have been conducted in the past. For example, a 2015 survey revealed that a significant proportion of Australians had consumed online content illegally, and led to the introduction of site blocking orders under the Copyright Amendment (Online Infringement) Act 2015. A further review in 2018 by the Department of Communications and the Arts identified gaps and opportunities to strengthen the site blocking scheme, resulting in further amendments under the Copyright Amendment (Online Infringement) Act 2018.
The consultation period for the review is open for twelve weeks, with submissions due by 5pm on 7 March 2023. Submissions are sought from all members of the public, with a particular focus on creators and owners of copyright, institutional users of copyright material, and online service providers.
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