Submission in response to the Productivity Commission IP Arrangements Inquiry Draft Report

We support the Productivity Commission's proposed findings of the IP Arrangements Inquiry draft report.

The ADA in general supports the proposed findings and recommendations set out in the Productivity Commission’s draft Intellectual Property report. We believe that the proposed recommendation that Australia should adopt an open ended fair use exception is the key recommendation of the draft report, and the most important step that can currently be taken to ensure an efficient, effective and adaptable copyright system in Australia.  We strongly support its inclusion in the Commission’s final report and its immediate implementation by the Government.

This submission sets out our comments and suggestions regarding the detail of the proposed recommendations of the report. Alongside the fair use recommendation, the ADA also strongly supports the substance of the Commission’s proposed recommendations to end perpetual copyright in unpublished works, to extend the copyright safe harbours to all online service providers, and to introduce a policy for the provision of open access to government funded research. However, we suggest a number of changes to the exact details of the proposed recommendations as set out in the draft report (including the four factor fairness test proposed by the Commission), and also suggest a number of additional recommendations eg in the areas of orphan works, Crown copyright works, and technological protection measures.