Copyright in the digital age Ian McDonald, 19 February 2007.

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Presentation transcript:

Copyright in the digital age Ian McDonald, 19 February 2007

Part VA

… new & improved!

Part VA … new & improved! now with podcast add-on!

checklist?

checklist radio or TV

checklist radio or TV mark analogue copies

checklist radio or TV mark analogue copies notice

checklist radio or TV mark analogue copies notice access

Part VB

… now new & improved!

checklist?

checklist amount

checklist amount availability

checklist amount availability notice

checklist amount availability notice access

library provisions

replacing

library provisions replacing online on premises (printing only)

AMCOS licence photocopying ONLY

AMCOS/ARIA licence

still with 2003 intranet add-on!

section 28

… new & improved!

section 28 … new & improved! communication for in-class performance

section 200AAA

all new!

section 200AAA all new! with proxy web caching capability

section 200AB

all new!

section 200AB all new! just for that “special case”

“terse and unyielding prose … of Dostoevskian difficulty” NY Times Literary Supplement 3 January

“it’ll make you weep… ” SBS Movie Show 15 December

“not for the faint-hearted ” The Age 27 January

“a wonderful Christmas present for all lawyers” Lawyers Today 24 December

background …

Digital Agenda Act 2000

AUSFTA 2004

“Fair use enquiry” 2005

educational sector’s wish list

??200AB = (sort of) fair use??

1 threshold

3 purposes

1 threshold 3 purposes + 3 hoops

1 threshold: an existing provision isn’t available

3 purposes: educational instruction

3 purposes: educational instruction operating or maintaining a library

3 purposes: educational instructioneducational instruction operating or maintaining a libraryoperating or maintaining a library assisting someone get a copy of something in a form or with a feature which reduces the effect of a disability

3 hoops: A. doesn’t conflict with normal exploitation

3 hoops: doesn’t conflict with normal exploitation doesn’t unreasonably prejudice © owner

3 hoops: doesn’t conflict with normal exploitation doesn’t unreasonably prejudice © owner a “special case”

“simple, clean, concise rules do not exist in the law of fair use” Kenneth Crews, Indiana University Purdue University Indianapolis

… and section 200AB?

and on the Net …

Creative Commons

CC NEALS

CC NEALS FfE

CC NEALS FfE express permission

CC NEALS FfE express permission implied permission

try this quick quiz …

tv or radio?

tv or radio Pt VA / Screenrights

podcasts?

podcasts Pt VA / Screenrights

podcasts Pt VA / Screenrights BUT

sound recordings?

sound recordings AMCOS/ARIA licence

text & images?

text & images Pt VB / CAL

text & images Pt VB / CAL licences - including CC/FfE/NEALS

ClickView etc?

ClickView etc section 28

ClickView etc section 28 BUT …

too-hard basket?

too-hard basket section 200AB

basic survival pack?

basic survival pack CAL “guidelines”

basic survival pack CAL “guidelines” Screenrights pamphlet

basic survival pack CAL “guidelines” Screenrights pamphlet AMCOS Use of Music in Schools

no extra cost add-ons?

no extra cost add-ons ACC info sheets

no extra cost add-ons ACC info sheets National Copyright Guidelines

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