1 COPYRIGHT ISSUES Presentation to CAUL Copyright Workshop, 14 February John Mullarvey, AVCC

2 CAL Current situation –Tribunal rulings –Where we are now –Proposed settlement of rate Issues for resolution Impact on libraries

3 Tribunal rulings Rates (9 March 1999) –4 cents a page –coursepacks, 5 cents –artworks and print music, 15 cents –slides of artworks, $1 Interim Orders on Sampling Scheme (5 January 2000) No ruling: rate for digital

4 Where we are now 26 sampling, 11 record-keeping CAL disputes AVCC record- keeping documentation Inspections by CAL Discussions on digital survey

5 Still to be agreed Rates under record-keeping Form of ACNielsen report Data processing procedures Digital survey

6 Proposed settlement $25 per EFTSU for 3 years Minimum of 25 universities Must stay in sampling for 3 years Record-keepers can come in Covers all copying, including digital No amendments to $25 during the 3 years, or retrospectively later

7 Issues for Resolution Record-keeping documentation Survey of digital copying Court cases continuing –135ZM to High Court – Reliance – Federal Court Case (fair dealing, etc) Retrospectivity) –Summons to witness

8 Impact on libraries If settlement of flat rate –Digital copying can go ahead –Rates for digital after 3 years still to be resolved –Long term issues depend on Digital Amendment Bill Open for Discussion

9 Screenrights Current situation –Tribunal ruling of 5 February 1999 –Tribunal ruling on record-keeping –Agreement on record-keeping rates –Where we are now Issues for resolution Impact on libraries

10 Tribunal rulings Flat rate, $5.50 per EFTSU (5 February 1999) Right to move to record-keeping Per minute rates for record- keeping settled by agreement –$2.22 per minute for TV –$0.18 per minute for radio

11 Where we are now 34 universities in record-keeping, 3 in sampling Records from 1 March 1999 Estimate payments to Screenrights reduced to less that half Minor discrepancies in record- keeping returns

12 Issues for resolution Digital copying - rates to apply in future Digital Amendment Bill - new communication right Universities with TAFE division

13 Impact on libraries Open for discussion