Those Australians who work with copyright law would know that there has long been a major omission in comparison to the law overseas: we’ve never been able to make a back-up for format shift copy of a work. A few exceptions did apply, for example, S107 of the Copyright Act 1968 (Making of a copy of the sound recording for purpose of broadcasting). However in the main, those of us with VCRs and cassettes and now mp3 players were breaking a law that most other countries have by making a personal copy.
No longer, if an agreement by Cabinet progresses who suggest that new laws are coming -
Once the new laws are passed, “format shifting” of music, newspapers and books from personal collections onto iPods and MP3 players will become legal.
The laws will also make it legal for people to tape TV and radio programs for playback later, a practice currently prohibited, though millions of people regularly do it. […]
Schools, universities, libraries and other cultural institutions will in the future be free to use copyright material for non-commercial purposes. (Walsh, Kerry-Anne, Copyright as easy as mp3, Sydney Morning Herald, May 14 2006)
Though the article doesn’t mention it, this is one of the few benefits that were tipped to happen as a result of the USA-Australia Free Trade Agreement.
A post from Weatherall’s Law blog before the new legislation was announced summarises the situation we had well.
About bloody time! Now one of my bosses will be able to buy an iPod (he’s been refusing to because he can’t legally rip his CDs)!
Welcome to the 20th-century. Now I’m waiting for Canada two wake up to the fact that everybody else maintains copyright at least for 75 years after author death while we only do 50. Not that I want it to change but I’m sure it’s on the conservatives agenda.
Australia will join the US in having author death +70 years as part of these changes, but I suppose you have to take the good with the bad and there is a lot of good in these proposed changes. Will be only really happy when they actually go through.
Thanks for the heads up on this one!