Copyright and the Digital Economy: Submission by the Australian Digital Alliance and Australian Libraries Copyright Committee to the Australian Law Reform Commission, November 2012

The Australian Digital Alliance (ADA) and Australian Libraries Copyright Committee (ALCC) welcome the opportunity to contribute to the discussion of how Australia’s copyright regime can best foster innovation and creative community participation in the digital economy. 
 
The ADA and ALCC consider the current copyright regime to be too restrictive. Many of the questions asked by the Australian Law Reform Commission (ALRC) in their Issues Paper reflect on uses of content already popularly recognised as legitimate, non-harmful uses of copyright material. The ADA and ALCC believe that a flexible copyright framework is essential to fostering a vibrant digital economy.
 
In short, the ADA and ALCC submission recommends:

• The introduction of an open-ended, flexible exception to better keep pace with new technologies and digital services, as well as evolving consumer practices. We support the introduction of an exception modelled on the US ‘fair use’ provision, or some other analysis of ‘fairness’. This is a critical reform for Australia’s digital future; and
• If the ALRC should consider that some certainty is beneficial for particular groups or uses of content, the revision of some existing purpose-based exceptions, and possible introduction of others.