George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I table the Australian Law Reform Commission's report on copyright and the digital economy, and a summary of the report. I seek leave to make some short remarks in relation to that report.

Leave granted.

I am pleased to table the Australian Law Reform Commission's 122nd report, entitled Copyright and the digital economy. The ALRC inquiry was the most significant review of the Copyright Act since the act came into operation in 1968. It attracted strong interest, receiving over 850 submissions. The government acknowledges the contributions of and thanks those who participated in the inquiry for the considerable amount of work which was involved in preparing the submissions, which were of a very high order.

The inquiry examined whether exceptions and statutory licences in the Copyright Act are adequate and appropriate in the digital environment and whether further exceptions should be recommended. The ALRC has made a number of recommendations. Notably, it has recommended the introduction of a flexible fair-use exemption as a defence to copyright infringement. This is a controversial proposal. The ALRC has also recommended, among other things, retaining and reforming some existing specific exemptions, introducing certain new specific exemptions, amending the act to clarify the statutory licensing scheme, limiting the remedies available for copyright infringement to encourage the use of orphan works, reforming broadcasting exemptions and amending the act to limit contracting-out terms. Those and other recommendations will be given very careful consideration by the government.

In considering the recommendations, we will be particularly concerned to ensure, and we will approach the consideration of the report with the view, that no prejudice be caused to the interests of rights holders and creators, whether the proposed fair use exception offers genuine advantages over the existing fair dealing provisions and that any changes maintain and, where possible, increase incentives to Australia's creative content producers. As I have often said, Australia's creative industries are not just a vital part of our culture; they are a thriving sector of our economy.

The Australian screen production industry, for example, contributes $752 million to our economy each year and directly employs 13,000 people in full-time work. Our music industry contributes $1.2 billion to our economy and directly employs 15,000 people in full-time work. Those who create the great Australian films, the great Australian television shows and the great Australian albums depend upon robust intellectual property laws to protect their creative endeavours. Just like any other workers in our economy, they are entitled to the fruit of their efforts. Without strong, robust copyright laws, they are at risk of being cheated of the fair compensation for their creativity and effort, which is their due.

As I know from my many discussions with members of the industry, they are looking to the government to ensure that their interests are protected, and this the government will do. I want to take the opportunity of the tabling of this report to reaffirm the government's commitment to the content industries. Not only do they contribute to our economy; they build a culture of innovation and artistic endeavour. It is the government's strong view that the fundamental principles of intellectual property law that protect the rights of those creative Australians have not changed merely because of the emergence of new media and new platforms. The principles underlying intellectual property law and the values which acknowledge the rights of creative people are not a function of the platform on which or through which that creativity is expressed. In the changing digital world, we must always look for opportunities to reform the law and to make sure that it is contemporary. But, in reviewing intellectual property laws, the government has no intention of diminishing the rights of content creators to benefit from the fruits of their intellectual endeavours.

In closing, I thank the commission for its work on this challenging area, and I in particular extend my thanks to the President of the ALRC, Professor Rosalind Croucher, and the commissioner in charge of the inquiry, Professor Jill McKeough.

I seek leave to continue my remarks later.

Leave granted.