[Infowarrior] - Dumb and dumber: copyright law change

[Richard Forno]

...geez, this makes the DMCA look nice by comparison.......rf

Dumb and dumber: copyright law change

http://blogs.smh.com.au/mashup/archives//004567.html

Under the Australian Government's proposed new copyright laws it will no
longer be technically illegal to tape TV shows or rip tracks from your CD
onto your iPod. That's the good part - getting rid of something that almost
everybody had honoured in the breach.

But it replaces that stupid law with another stupider one - one that can
never be properly policed and one which will continue to put almost everyone
in breach of the copyright laws.

Under these proposed new laws it will be illegal - for instance - to lend a
video copy of a TV show you have made to your family or friends if you have
already watched that copy.

And those same proposed laws will required you to delete that program once
you've watched it once. Yeah, sure everyone's going to observe that one.

At first glance, these changes seem to fall short of genuine reform. They
clear up a ridiculous, out of date law and replace it with another that is
destined to flouted by anyone with a VCR, DVD or hard drive recorder.

"It raises the question of whether it will require a new breed of DVD
recorders that only let you play some things once," the Financial Review
quoted the David Vaile, the executive director of the Baker & McKenzie
cyberspace law and policy centre at the University of NSW, as saying.


Here's the Q&A from the Attorney-General's site that explains a little more
about the reforms:


Does this mean I can record my favourite television or radio program
to enjoy later?

Yes. For the first time you will be able to record most television or radio
program at home to enjoy at a later time. This will allow you to watch or
listen to a program as it was made available to the public at the time of
the original broadcast.

How long can I keep the recording?

The recording must be deleted after one use. It will not be possible to use
the recording over and over again.


Can I make a collection of copied television and radio programs?

No. You will not be able to burn a collection (or library) of your favourite
programs on DVD or CD to keep. (It will be permitted to record a program on
DVD or CD but only temporarily until you watch or listen to it for the first
time.)

What can I do with recorded program?

You can watch or listen to the recording with your family or friends. It
will not be permitted to sell or hire a recording or to play it at school or
work or in any kind of public audience.

Can I give a recording I have made to a friend?

No. A recording is for the personal use of the person who made it. You can
invite a friend over to watch or listen to your recording but you can’t
lend or give it to a friend to take home with them.


Will I be able to copy my music collection?

Yes. You can format-shift your music collection from CDs, audio tapes and
vinyl records to devices such as an MP3 player, X-Box 360 or home
entertainment PC, but only if the original is a legitimate copy that you own
and you format-shift for your personal use in a different audio format.

Can I make a compilation CD by copying tracks from CDs that I own to a blank
CD?

Yes, if you copy the tracks in a different format to the original, such as
making a compilation CD in MP3 format.

Can I copy a music download to a CD or MP3 player?

Yes, if you have purchased a legitimate copy and it is permitted by the
purchase agreement.


Will I be able to share my music collection with a friend?

No. You will not be able to sell, loan or give away any format-shift copy
you make in a different format, but a friend can listen to your music with
you.


Can someone else make a copy in a different format for me?

No. A format-shift copy must be made by the owner of the original copy. It
will not be possible for a business to make copies for a customer.

Can I make a 'back-up' copy of a CD in case the original is lost or damaged?

No. A format-shift copy must be in a different audio format to the original.


Can I sell or give away my MP3 music player?

Yes, but you will need to delete any format-shift copy you have stored in
the MP3 music player before it is sold or given away.

Can I upload a copy of a song to the Internet?

No, this would continue to be against the law.


What if my CD has copy protection applied to it?

The Government is still considering this issue of copy protection.


Will I be able to format-shift other kinds of copyright material as well as
sound recordings?

Yes. You will also be able to format-shift copy some other copyright
material such as books, newspapers, magazines, video tapes and photographs.


Will conditions apply to copying these other kinds of material?

Yes. In general, the same conditions will apply as for format-shifting music
(see above). For example, the original will need to be a legitimate copy
that you own and the copy made for your personal use in a different format.
It also will not be permitted to loan, hire or sell any copy you make.


Will I be able to copy a film from DVD to a portable player?

No. The Government will monitor the implementation of the new exceptions and
review its scope in two years. It will be possible to dub an old VHS tape to
a digital player.
SJ Hutcheon
May 15, 2006 09:51 AM