ALRC Copyright and the Digital Economy Inquiry Update

The Australian Law Reform Commission (ALRC) has announced this week that they are releasing a second discussion paper in their current inquiry into the Copyright Act 1968 (CTH) and its effect in the current digital economy.

The ALRC received Terms of Reference for the Copyright Inquiry on 29 June 2012. The ALRC was asked to consider whether exceptions and statutory licences in the Copyright Act 1968 are adequate and appropriate in the digital environment and whether further exceptions should be recommended.

In the second discussion paper, the ALRC will offer some preliminary options for reform, including a discussion of the operation of exceptions in the Copyright Act 1968 that refer to the concept of a ‘broadcast’ and ‘broadcasting’. Copyright issues arise where radio stations stream content simultaneously on the internet that is identical to their terrestrial broadcasts (‘simulcast’). As previously reported, In Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited (see link below), the Full Court of the Federal Court held that, in doing so, a radio station was acting outside the terms of its statutory licence, as internet streaming is not a ‘broadcast’. An application for special leave to appeal this decision to the High Court was filed in March 2013.

For further information on the inquiry, see the ALRC website.

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