Online Copyright Infringement: Piracy Amendments Too Broad
Friday 12 September 2014 @ 9.31 a.m. | IP & Media | Trade & Commerce
In a statement released yesterday (11 September 2014), Federal Communications Minister Malcolm Turnbull has said that representatives from both sides of the online piracy debate - including the telecommunications companies and rights holders - have warned the changes to copyright law outlined in the government's discussion paper on online piracy are too broad and could have negative unintended consequences, meaning that changes outlined in the government's discussion paper on online piracy may have to go back to the drawing board.
Background to Proposal
The Federal Government has proposed creating a new legal framework - known as "extended authorisation liability" - to make internet service providers more accountable for their customers' illicit downloading. Mr Turnbull is reported to have indicated, as part of discussions about how his government will crack down on internet piracy, that he felt the owners of television and movie content should take illegal down loaders to court while internet service providers (ISPs) should not be required to impose sanctions. He is further reported as saying, it was reasonable for copyright owners to require ISPs to deliver warning notices to customers illegally downloading at the copyright owners’ expense.
However, he does not think it reasonable for ISP's to be forced to take action against repeat offenders by cutting off their internet service, one of possibilities put up in the discussion paper to be issued by Mr Turnbull and the Attorney-General, George Brandis.
A Proposed Solution?
A recently released submission by the Australian Screen Association, the Australian Home Entertainment Distributors Association, the Motion Picture Distributors Association of Australia, the National Association of Cinema Operators and the Australian Independent Distributors Association (collectively, the Australian Film/TV Bodies), has indicated that:
"The problem of online copyright infringement cannot be tackled by rightsholders on their own. Litigation against individual infringers, or even against individual websites (which, as the Discussion Paper acknowledges, are “predominantly based overseas”) is not a practical or effective solution...Any practical solution to online copyright infringement needs to target the elements over which we, as Australians, have control: namely, the internet connection via which unauthorised copies of works are being made available to and are being accessed by local consumers en masse [and] Australia’s international obligations regarding the proper scope for ISP liability for copyright infringement."
While it stands in ‘good faith’ to work with rightholders to tackle online piracy, Australia’s ISP Communications Alliance has said amendments to the country’s Copyright Act could ‘hamper legitimate activities’.
They have warned the proposal would give too much power to rights holders and could see schools, universities and libraries punished for their visitors' illicit downloading.
Government Reaction
Mr Turnbull continued:
"What is being canvassed in the discussion paper around authorisation liability - that is essentially the law that makes a person liable for the copyright infringement of another - those changes, I'd say there's been unanimity in that everyone has criticised them and found them inadequate from one level or another..."Unanimous" opposition to the federal government's proposed copyright law changes will force [us] back to the drawing board to tackle online piracy."
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