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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Copyright Legislation Amendment (Fair
Go for Fair Use) Bill 2013
No. , 2013
(Senator Ludlam)
A Bill for an Act to provide for the better use of,
and fairer access to, copyrighted information, and
for related purposes
i Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Copyright Act 1968
3
Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013 1
A Bill for an Act to provide for the better use of,
1
and fairer access to, copyrighted information, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Copyright Legislation Amendment
6
(Fair Go for Fair Use) Act 2013.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
9
Assent.
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2 Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Copyright Act 1968
3
1 Subsection 10(1) (the definition of access control
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technological protection measures)
5
Omit "to the extent that it--".
6
2 Subsection 10(1) (paragraph (c) of the definition of access
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control technological protection measures)
8
Omit the paragraph, substitute:
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(c) if it controls geographic market segmentation by preventing
10
the purchase or playback (including viewing through
11
streaming) in Australia of the work or other content made
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available by, with the permission of, or on behalf of, the
13
owner or the exclusive licensee of the copyright; or
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3 Subsection 10(1) (at the end of the definition of access
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control technological protection measures)
16
Add:
17
Note:
Paragraphs (c) and (d) of the definition apply in circumstances where
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geographic market segmentation acts in a manner that enforces
19
differences in the price of content for people located in different
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geographical areas.
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4 Subsection 10(1) (definition of carriage service provider)
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Repeal the definition.
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5 Subsection 10(1)
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Insert:
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service provider means an entity or person who provides services
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relating to, or provides connections for, the transmission or routing
27
of data, or provides or operates facilities for online services or
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network access.
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6 Subsection 10(1) (the definition of technological protection
30
measures)
31
Omit "to the extent that it--".
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Schedule 1 Amendments
4 Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013
7 Subsection 10(1) (paragraph (b)(iii) of the definition of
1
technological protection measures)
2
Omit the subparagraph, substitute:
3
(iii) if it controls geographic market segmentation by preventing
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the purchase or playback (including viewing through
5
streaming) in Australia of a non-infringing copy of the work
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or other content made available by, with the permission of, or
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on behalf of, the owner or the exclusive licensee of the
8
copyright; or
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8 Section 39B
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Omit "carriage service provider", substitute "service provider".
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9 Section 112E
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Omit "carriage service provider", substitute "service provider".
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10 Division 2AA of Part V (heading)
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Omit the heading, substitute:
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Division 2AA--Limitation on remedies available against
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service providers
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11 Subsection 116AA(1)
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Omit "carriage service provider" (wherever occurring), substitute
19
"service provider".
20
12 Subsection 116AA(1) (Note 3)
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Omit "carriage service provider" (wherever occurring), substitute
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"service provider".
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13 Section 116AB (definition of caching)
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Omit "carriage service provider", substitute "service provider".
25
14 Section 116AC
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Omit "carriage service provider", substitute "service provider".
27
15 Section 116AD
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Amendments Schedule 1
Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013 5
Omit "carriage service provider" (wherever occurring), substitute
1
"service provider".
2
16 Section 116AE
3
Omit "carriage service provider" (wherever occurring), substitute
4
"service provider".
5
17 Section 116AF
6
Omit "carriage service provider", substitute "service provider".
7
18 Section 116AG
8
Omit "carriage service provider" (wherever occurring), substitute
9
"service provider".
10
19 After subsection 116AG(2)
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Insert:
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Public or other non-profit institution
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(2A) When a public or other non-profit institution of higher education is
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a service provider, and when a faculty member or graduate student
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who is an employee of such institution is performing a teaching or
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research function, for the purposes of subsections (a) and (b) such
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faculty member or graduate student shall be considered to be a
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person other than the institution, and for the purposes of
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subsections (c) and (d) such faculty member's or graduate
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student's knowledge or awareness of his or her infringing activities
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shall not be attributed to the institution, if:
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(a) such faculty member's or graduate student's infringing
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activities do not involve the provision of online access to
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instructional materials that are or were required or
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recommended, within the preceding 3 year period, for a
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course taught at the institution by such faculty member or
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graduate student; and
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(b) the institution provides to all users of its system or network
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informational materials that accurately describe, and promote
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compliance with, the laws of Australia relating to copyright.
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20 Subsection 116AH(1) (table)
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Schedule 1 Amendments
6 Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013
Omit "carriage service provider" (wherever occurring), substitute
1
"service provider".
2
21 Subsections 116AH(3) and (4)
3
Omit "carriage service provider" (wherever occurring), substitute
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"service provider".
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22 Section 116AI
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Omit "carriage service provider" (wherever occurring), substitute
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"service provider".
8
23 Section 116AJ
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Omit "carriage service provider", substitute "service provider".
10
24 After subsection 116AN(8)
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Insert:
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Exception--access for visually impaired people
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(8A) Subsection (1) does not apply to the person if:
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(a) the person circumvents the access control technological
15
protection measure to enable the person to do an act; and
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(b) the person is:
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(i) a library (other than a library that is conducted for the
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profit, direct or indirect, of an individual or individuals);
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or
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(ii) an institution assisting the visually impaired; or
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(iii) an educational institution; or
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(iv) a person who is visually impaired or print disabled, or a
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person acting on behalf of someone who is visually
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impaired or print disabled; and
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(c) the act will be done for the sole purpose of providing the
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work or other subject matter in an accessible format for
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someone who is visually impaired, in circumstances
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permitted by other exceptions in this Act, were an access
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technological protection measure not attached; or
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(d) where the work or other subject matter has been purchased
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lawfully, by or on behalf of someone who is visually
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Amendments Schedule 1
Copyright Legislation Amendment (Fair Go for Fair Use) Bill 2013 No. , 2013 7
impaired, for the sole purpose of accessing the work in an
1
accessible format for private and domestic use.
2
25 Section 195AVB
3
Omit "carriage service provider", substitute "service provider".
4
26 Section 195AXI
5
Omit "carriage service provider", substitute "service provider".
6
27 Section 200AB
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Repeal the section.
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28 At the end of the Act
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251 Fair use
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(1) Notwithstanding the provisions of any other section of this Act, the
11
fair use of a copyrighted work, including such use by reproduction
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in copies or phonorecords or by any other means, for purposes such
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as criticism, comment, news reporting, teaching (including
14
multiple copies for classroom use), scholarship, or research, is not
15
an infringement of copyright. In determining whether the use made
16
of a work in any particular case is a fair use the factors to be
17
considered shall include:
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(a) the purpose and character of the use, including whether such
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use is of a commercial nature or is for non-profit educational
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purposes;
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(b) the nature of the copyrighted work;
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(c) the amount and substantiality of the portion used in relation to
23
the copyrighted work as a whole; and
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(d) the effect of the use upon the potential market for or value of the
25
copyrighted work.
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(2) For the avoidance of doubt, the fact that a work is unpublished
27
shall not itself bar a finding of fair use if such finding is made upon
28
consideration of all the above factors.
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