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Australian Copyright Law by Talez · 2003-05-13 19:37 · Score: 4, Informative · on When Copy Protection Fails

Incorrect.

Our copyright law is rather anal. Contrary to popular belieft you can't copy something for personal use at all. No exceptions.

For you to copy ANY music requires permission from the songwriter, the musicians and the distributor as they each hold a copyright for a seperate part of the article (music, lyrics and the sound recording itself).

That being said, if someone infringes someone's copyright it's a civil action rather than a criminal action (except when its a for-profit). We also have something similar to the DMCA except it only enables civil suits (ie, if I remove DeCSS from a DVD the DVD company come sue me if they feel I'm doing anything nasty).

For more information see the Copyright Council's web page and also their fact sheet on music and copyright.

Re:He copied a cd? by chriskenrick · 2003-05-13 19:21 · Score: 3, Informative · on When Copy Protection Fails

When does he get out of jail?

That's not as funny as you think in the light of this. Copying CD's without the copyright holder's permission is illegal in Australia.

Huh? by FunkyChild · 2003-04-24 19:46 · Score: 1 · on Aussies Face Jail Over MP3s

Of course it's illegal here. We're part of the Berne Convention. In fact some of our copyright laws are even stricter than in other countries eg. no fair use exceptions for time or medium shifting. In the letter of the law, it's illegal for me to rip my CDs to my iPod, although of course this is never enforced, and can't be anyway.

Info about AU copyright laws here: http://www.copyright.org.au/

Re:Copyrighted Material? by julesdoak · 2003-03-05 20:14 · Score: 5, Informative · on Australian Federal Police Raid Major ISPs

It's all illegal unfortunately. It's protected overseas so it's protected here.
You can't legally get it. Morally, it's up to you. You aren't likely to get sued in Australia if no one has a local license for it, so you might be safe.
2 things to remember about our sunburnt country - you have no privacy and there is no such thing as fair use here.

Here is some more info on Australian Copyright
Reciprocal agreements http://www.copyright.com.au/copying_overseas.htm
Useful sites
http://www.copyright.org.au
http://www.copyright.com.au
http://www.ipaustralia.gov.au
AGD Copyright Law Branch
AGD Copyright Law Review Committee

Re:Monash University by Boiling_point_ · 2003-02-17 23:36 · Score: 3, Informative · on Uni Students Slammed For Music Swapping

Not many Australians realise that we don't have the same "fair use" rights that Americans and other nationals do.

We have no legal right to rip mp3s from our own legal CDs. We have no legal right to backup CDs for self-insurance. Check it out (374KB PDF).

Hell - I'm probably infringing Copyright by quoting this paragraph from the Australian Copyright Council PDF I linked to above:

Making a backup copy of a CD will involve making a reproduction of the music, lyrics and sound recordings on that CD. The right to reproduce the work is one of the exclusive rights of the owners of copyright in those items. You may not legally make a back up copy of a CD when the CD contains material that is protected by copyright unless you have permission from the owner of copyright or a special exception applies to your use.

Re:Monash University by Boiling_point_ · 2003-02-17 23:36 · Score: 3, Informative · on Uni Students Slammed For Music Swapping

Not many Australians realise that we don't have the same "fair use" rights that Americans and other nationals do.

We have no legal right to rip mp3s from our own legal CDs. We have no legal right to backup CDs for self-insurance. Check it out (374KB PDF).

Hell - I'm probably infringing Copyright by quoting this paragraph from the Australian Copyright Council PDF I linked to above:

Making a backup copy of a CD will involve making a reproduction of the music, lyrics and sound recordings on that CD. The right to reproduce the work is one of the exclusive rights of the owners of copyright in those items. You may not legally make a back up copy of a CD when the CD contains material that is protected by copyright unless you have permission from the owner of copyright or a special exception applies to your use.

Australian "fair dealing" is more narrow than US's by yerricde · 2003-01-27 20:14 · Score: 2, Informative · on Australia May Adopt DMCA-Style Copyright Regime

opyright.org.au doesn't seem to even consider fair use at all, so I don't see how you can immediately conclude that there aren't any

TV programs: home taping (PDF)

I cannot reproduce the text here, but suffice it to say that Australian copyright law's "fair dealing" exemption is limited primarily to "research or study" and does not apply to home video taping of a copyrighted work of the sort commonplace in the United States of America after Sony v. Universal established the "Betamax Doctrine".

This sucks... by chriskenrick · 2003-01-27 19:46 · Score: 5, Informative · on Australia May Adopt DMCA-Style Copyright Regime

Australia already has an equivalent of the DMCA, in terms of circumventing access controls and so on. In Australia, there are no fair use clauses for duplicating your own CDs (except software), or even for videotaping from TV. And now this, which will just hamper ISPs and make it cost more for them to do their job. Typical weak Aussie government bending to the slightest hint of international pressure. On these rare occasions, I wish I lived in a country that valued individual freedom a bit more highly compared to corporate interests.

Re:GO home RIAA by Michael+Wardle · 2003-01-21 17:32 · Score: 1 · on Australian Gov't Lobbied To Implement Media Levies

I had a quick check of the things I claimed above. It seems that:

I stand corrected. :-)

Re:I watched it. by Sandcastle · 2003-01-21 16:02 · Score: 2, Interesting · on Australian Gov't Lobbied To Implement Media Levies

I saw it as well, and was jumping up and down screaming at the TV. What a schmuck. He didn't just hint that the levy would then make it OK to copy CD's etc., that everyone "is doing already", he actually said it would be. I've been searching for a transcript of the show all morning, but work has banned the website during working hours.

I'm sure that even if they allowed the levy, it wouldn't change copyright law. I doubt their groups have the power to try and do that, so I'm just so furious that he presented it this way.

What's more, while Australian music is becoming more and more popular lately, the great majority of our music is still produced in America. How do they expect a charge on every CD-R used in Australia should only go to re-imburse Australian organisations? It pisses me off, and I'm Australian.

Just as a side point, I found out the other day that there really isn't any sort of fair use for taping TV in Australia. The advice from the Australian Copyright Council website says explicitly it's not even allowed in order to watch the show later the same day!!! Do they really think they'll be able to change the laws so copying/trading music is perfectly legal as long as CD-R's are taxed? No matter what they raise the price to, it can only mess things up. All money will go straight to the companies, not the artists, as there will be no way to track what's being traded anyway....!

Sorry, my posts are usually more structured, and less like a giant rant, but man that interview this morning ticked me off!!!

Re:Once again... you assume too much. by FatZZ · 2003-01-13 21:39 · Score: 4, Informative · on Hollywood Muscles Aussie ISPs Over Movie Downloading

Australia it is not illegal to give away copyrighted material, only if you sell it.
you are 100% incorrect.

If you're going to say someone is 100% incorrect, you should quote 100% of their post. Specifically, the next sentence:

If you give it away it is considered a matter of the civil courts.

Clearly the person you replied to was confused about the meaning of 'illegal' vs. 'criminal', else they would not have said that the civil courts deal with it.

This has some basis in law. Compare the section of the Copyright Act 1968 dealing with civil actions to the section dealing with criminal offences. You will find that the criminal offences only deal with copyright infringement where there's money involved or where it occurs to an extent that will prejudicially affect the owner of the copyright. In other cases it is a civil, not criminal, matter.

The Australian Copyright Council also has an information sheet on the topic.

Re:Once again... you assume too much. by vena · 2003-01-13 19:42 · Score: 3, Informative · on Hollywood Muscles Aussie ISPs Over Movie Downloading

Australia it is not illegal to give away copyrighted material, only if you sell it.

you are 100% incorrect.

please brush up: http://www.copyright.org.au/PDF/InfoSheets/G010.pd f

socialist legal help by serps · 2003-01-13 18:19 · Score: 4, Informative · on Hollywood Muscles Aussie ISPs Over Movie Downloading

I imagine that about now, a whole bunch of small Aussie ISPs are pooling some cash for legal advice on exactly what they are liable for. IANAL, but such things as "common carrier" provisions, "Fair Use" and so forth are not the same as in the US. For instance, you can't tape television shows on your VCR in Australia. (warning: PDF links abound).