Phillip Ruddock announced some long-awaited changes in Australian copyright laws yesterday. Up to now anyone who has taped a television program on to VCR or copied a track from a CD to an MP3 player has been breaking Australia’s laws.
See the Attorney General’s Press Release for the overview. The fine details are yet to be released.
Here’s an excerpt. I wonder if I’m breaking copyright here…
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The Government is reforming the Copyright Act. The following is a guide only on how the new reforms are intended to apply. The final form of these changes will depend on the specific amendments approved by the Parliament.
Definitions:
Format-shifting means copying material from one format to another. Formatshifting may be done to take advantage of new technology (eg. dubbing a video tape to DVD) or to enjoy the material in different locations (eg. transferring music from CDs to a portable MP3 player).
Time-shifting means recording a TV or radio program for viewing or listening at a later time.
When we refer to copying we generally mean making a copy in the same format as the original.
Recording television and radio for a later time
- 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.
- Can I share a recording over the Internet?
No. Uploading the recording to the Internet to share with others would continue to be subject to civil and criminal liability.
- Can I record a program from pay-television?
Yes, if you have paid the subscription fee to watch the program.
Copying music in different formats
- 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.
Format-shifting of other material
- 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.
- Will I be able to copy a computer game?
No.