Friday, December 20, 2019

Strengths And Weaknesses Of Copyright Law - 716 Words

Per capita, Australia is among the top illegal downloaders in the world. Designed to stem this, copyright law is vital in protecting the rights of creators, while simultaneously taking into account the rights of individuals. As of late, reforms are being introduced to address these issues, as the current copyright law has not been effective in deterring online piracy. In examining this, I will focus on both the strengths and weaknesses of the existing law of copyright, with particular regard to the Fair Use exemption proposed by the Australian Law Reform Commission (ALRC), as well as the Copyright Notice Scheme Code, awaiting registration with the Australia Communications and Media Authority (ACMA). The Copyright Act 1968 (Cth) intends†¦show more content†¦e.g. If a work is published 10 years after the authors death, copyright would subsist for 70 years after first publication, i.e. 80 years after authors death. Unpublished works which are literary, dramatic or musical hold copyright indefinitely.[17] It should also be noted indefinite copyright does not apply to artistic works. The main exceptions to copyright infringement in Australia come under the general heading fair dealing Fair dealing is comparable to the United States fair use; it is a use of a work specifically recognised as not being a copyright violation. In order to be a fair dealing under Australian law a use must fall within a range of specific purposes. These purposes vary by type of work, but the possibilities are: †¢ review or criticism †¢ research or study †¢ news-reporting †¢ judicial proceedings or professional legal advice †¢ parody or satire (added by the Copyright Amendment Act 2006) In order for a certain use to be a fair dealing, it must fall within one of these purposes and must also be fair. What is fair will depend on all the circumstances, including the nature of the work, the nature of the use and the effect of the use on any commercial market for the work. As the Committee would be aware, the Copyright Act protects certain ‘technological protection measures’, such as software codes or other digital ‘locks’ that protect copyright content. 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