A joint submission by us and the Australian Libraries and Archives Copyright Coalition (ALACC) to the Department of Infrastructure, Transport, Regional Development and Communications in response to the consultation on the exposure draft of the Copyright Amendment (Access Reform) Bill 2021 and a review of the Technological Protection Measures (TPM) exceptions.
In summary, the exposure draft of the Bill includes five main reform measures:
- A limitation on the remedies available for the use of orphan materials;
- Introduction of a new fair dealing exception for quotation from copyright material;
- Simplifying and extending the library and archives exceptions;
- Modernising the education exceptions; and
- Modernising the government exceptions.
The draft Bill and a discussion paper was released as part of the consultation. The consultation also included a review of exceptions to the exceptions to the technical protection measrues (TPMs) provisions.
In our joint submission we argue for the introduction of these amendments on public interest grounds: opening up orphan works to productive new uses, allowing quotation of copyright material in a number of scenarios, enabling equitable access to cultural collections, supporting online education and encouraging digital delivery of government services are important reform agendas that are needed for libraries, for archives, for schools, for universities, for researchers of all kinds, for governments and for the Australian public. Australia’s post-COVID recovery depends on a more modern copyright system that can deliver the flexibility and agility needed in this time of pandemic and going forward. This Bill provides the opportunity for Australia to embrace an effective online future.