Michelle Rowland (Greenway, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Copyright Amendment Bill incorporates two important reforms to facilitate the use of copyright materials for public benefit, while also continuing to provide support to those working in the creative and media industries who rely on copyright for their work.

First, the bill establishes an Australian orphan works scheme. The scheme will support use of 'orphaned' copyright materials for which the copyright owner cannot be identified or located by limiting the remedies available for infringing use.

This will provide prospective users with greater legal certainty and will open up access to a larger collection of material held by our institutions for the benefit of the Australian community.

The scheme will also protect the interests of rights holders, including by providing a means by which they can assert their rights should they later be identified.

This bill also clarifies that the Copyright Act applies consistently to physical, online and hybrid classes. It makes clear that parents can assist students with their lessons and that persons other than a member of school staff (such as members of the local community) can be involved in classes without impacting applicable copyright rules.

This measure will provide greater legal certainty to those providing education, without disturbing the licensing frameworks that support the creative and media sectors' important contribution to teaching and learning.

The bill also makes minor and technical amendments to clarify and update the Copyright Act.

I turn now to each of the measures in the bill in more detail.

Orphan Works ( s chedule 1)

First is the orphan works scheme in schedule 1.

Current law

An 'orphan work' refers to copyright material for which the owner cannot be identified or located to seek their permission to legally re-utilise it. Copyright generally requires someone to seek the permission of the copyright owner before using copyright material. This cannot occur if the copyright owner is unknown or cannot be located, and it means that where copyright material has been 'orphaned' it cannot be used for socially and creatively beneficial purposes, without legal risk.

Introduction of an orphan works scheme

The bill proposes the introduction of an orphan works scheme that would limit liability for those seeking to rely on it, if the conditions in the bill are met. In doing so, the proposed scheme will facilitate the use of orphan works by providing greater legal certainty for users without unreasonably prejudicing the interests of copyright owners, and allowing more Australians to enjoy the important benefits of the large amounts of orphaned material held by Australia's cultural institutions.

There may be some circumstances in which, despite a reasonable search being conducted to try to identify a copyright owner prior to relying on the scheme, a copyright owner later comes forward. Given the nature of orphan works and the conditions that must be met prior to use of the scheme, it is anticipated that such instances will be rare. However, should this occur, the bill provides copyright owners with the ability to assert their rights following the use of an orphan work. This includes the ability to negotiate reasonable payment for the use and seek injunctive relief in relation to continuing use of the work.

Remote learning ( s chedule 2)

Current law

I turn now to the remote learning measures in schedule 2.

Section 28 of the Copyright Act currently permits teachers and students to perform or communicate copyright material in the course of educational instruction, without it being considered a public performance or communication to the public, as long as other relevant conditions are met.

The effect of this provision is that the performance or communication does not require permission or payment under the act.

With the rise of digital learning, uncertainty has grown over whether this provision extends to online and hybrid classes. Questions also arise about the application of the provision when parents and other community members are involved in the class.

Scope of amendments

The bill proposes to amend section 28 to clarify that it applies when:

The proposed reforms clarify that the rules in the Copyright Act apply consistently, regardless of whether a lesson is taking place in person or online. This recognises that not everyone involved in lessons may be able to attend in person.

They also acknowledge the educational value of parental and community involvement in classes. By allowing parents, carers and others to assist students with their lessons or deliver the educational instruction, the changes promote stronger partnerships in educational settings.

The amendments are not intended to impact current licensing arrangements, which also play a vital role in Australia's education system.

Other minor measures

Finally, I turn to the other minor measures in the bill.

The bill will make a number of minor and technical amendments to the Copyright Act to improve its operation.

These include:

Conclusion

The bill will strengthen and modernise the Copyright Act by:

Debate adjourned.