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Copyright


ALIA's copyright advice service

The copyright advice service provides members with up-to-date information on copyright and how it affects the library and information sector. The service responds to members' queries about implementing their obligations under copyright and intellectual property law.

What your ALIA Copyright Advisor does for you

Copyright news

Decisions of two major Australian copyright cases were handed down in the Federal Court on 4 February 2010:

1. Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24

Justice Cowdroy said the law does not oblige third parties to protect copyright and that the mere provision of access to the internet is not the 'means' of infringement. This is reportedly the first judicial decision in the world on the authorisation liability of ISPs so is attracting international attention.

  • Decisive iiNet victory shared by all.
  • 2. Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29 (4 February 2010)

    Justice Jacobson found Men at Work's song 'Down Under' contained a flute solo that infringed the copyright of the Australian children's song 'Kookaburra Sits in an Old Gum Tree'. The flautist used two bars of the earlier song. His Honour emphasised that his conclusions "do not amount to a finding that the flute riff is a substantial part of 'Down Under' or that it is the 'hook' of that song"

    The latest High Court Copyright Case was handed down on 22 April 2009:
    IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14

    Recent changes to Copyright Legislation

    The Copyright Amendment Act 2006 received Royal Assent in December 2006. The major changes of interest to libraries are

    Restrictions on the Parallel Importation of Books

    Regulatory regime for books to remain unchanged 11 November 2009
    The Productivity Commission report, released on 14 July, recommends that the Government should repeal the Parallel Importation Restrictions for books. Click here for the report. ALIA's submission is also available here.

    Questions & Answers on Parallel Importation of Books

    ALIA Copyright and Intellectual Property Advisory Committee

    ALIA supports balanced copyright and related laws that advance the interests of society as a whole.

    ALIA's statement on copyright and intellectual property is based on the principle that the copyright and intellectual property system must ensure a fair and equitable balance between creators, owners and users, and the needs of the public.

    http://www.alia.org.au/policies/copyright.intellectual.html

    ALIA's Copyright and Intellectual Property Advisory Committee monitors copyright and intellectual property policy and legislative developments of interest to members and advises the Board of Directors on these matters.

    ALIA is also a member of the Australian Libraries Copyright Committee (ALCC) and the Australian Digital Alliance (ADA).

    Copyright submissions

    An important part of copyright advocacy is the preparation of submissions. Inquiries to which ALIA has made submissions include:

    ALIA responses to these and other inquiries can be found on the ALIA submissions page. In addition ALIA, through its membership of ALCC and ADA is a contributor to submissions made by those bodies.

    ALIA logo http://alia.org.au/advocacy/copyright/index.html
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