ADA Respones to Final Productivity Commission IP Report

The ADA strongly supports the principal copyright finding of the report, that Australia’s copyright arrangements"have been slow to adapt to technological change, imposing costs on the broader community” and as result are “skewed too far in favour of copyright owners, to the detriment of consumers and intermediate users.” To address this imbalance, the ADA strongly supports the keystone of the Commission’s copyright recommendations - the introduction of a modern fair use provision to add flexibility to Australia’s copyright system and more adequately protect user rights. The ADA also strongly supports most of the other recommendations of the PC's report, and is neutral on some issues (including parallel importation). As requested by the Government, this submission focuses primarily on the recommendations that are new to the final report, including recommendations regarding:

  • the overlap between copyright and contract;
  • the governance and transparency arrangements for collecting societies;
  • mechanisms for providing access to orhpan works; and
  • IP policy and international treaty negotiation arrangements.

The ADA supports all of these recommendations.

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