Can't copy a hole...  #
Monday, 15 May 2006 03:37PM
The dust settles and the massive holes in the new copyright legislation begin to emerge. Please bare in mind that the recent press release on the proposed changes are not the actual law, they're just a summary, but people have jumped on some obvious problems.

Sydney Morning Herald blog post with user comments.

Rather negative article on the topic in The Age.

A summary of the current questions:

  • Proposal to only allow you to watch/listen to a recorded TV/radio show once. Completely unenforcable unless they replace all current viewing/recording technology. Which eventually they will (Foxtel's PVRs for example). Some also note that this law allows you to record, archive and never listen. If digitally enforced (PVR), what happens when the power goes out half way through watching?
  • Format shifting is now legal but the format shifted to must be a different format (ie. you cannot "backup" your CDs to CD, you must rip them to MP3 etc.). Does this include MP3 > WAV? Or WAV to FLAC to SHN to WAV etc. or are they all "hard-drive"? If I burn digital versions of the files from a DVDr to a Blue-Ray DVD, is that a format shift?
  • You cannot copy DVDs (as in DVD movies). Ever. For any reason.
  • No clarfication of the "grey area" of live concert recordings.
  • The effect the law may have on DJs.
  • You can not record a show for a friend.

Hopefully these comments will be taken into account by the lawmakers and points clarified.

And please remember again, all comments so far has been on the press release, not on the actual laws. The laws may be worded clearly.


No resale royalties for Australian artists  #
Monday, 15 May 2006 11:21AM
The proposal to set up a resale royalty for second hand sales of Australian art has been dropped. [LawFont]

My previous thoughts.

Part of my initial confusion on this issue was to do with the word "artist". When I hear "artist" in a copyright context, I think music. But in this context they mean creator of art (like, ya know, painters and stuff).

In a recent interview I saw with Robbie Williams, he indicated his hatred of the word "artist" to describe musicians. He hated "artists" who discussed their "craft". He prefered "singer / songwriter" or "entertainer". Those words are more accurate and descriptive so I have to agree with him, but whenever I read "singer / songwriter", personally I think "wanker". Sorry.

You'd have a lot of fun finding CD Database software or a CD store that didn't describe the "people who created the music on this CD" as anything but "Artist".

(Disclaimer: I like Robbie Williams)


Summary of Australia's new Copyright Laws  #
Monday, 15 May 2006 09:08AM
LawFont's summary of Australia's new copyright laws.

We don't have USA style fair use. We do however have new specific exceptions to the general "don't copy" laws. These include the ability to tape a radio/TV show and listen back to it once at a time of your choosing.

Once? I surprised it didn't demand we don't fast-forward through adverts too.

RTFA