Own what you download

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02.FAQs

Why are you running this campaign? 

CHOICE believes that Australian copyright laws are failing consumers. Reasonable activities that many consumers are already engaging in are currently illegal. CHOICE wants a copyright system that rewards artists and creators, but still allows consumers some flexibility over things that they have bought or otherwise legally own. 

What's wrong with Australia’s copyright system now? 

Australia’s copyright system has failed to keep up with the times.  New technologies, such as cloud computing, face legal challenges in Australia. Our country's rigid approach means that the law needs to be constantly amended to address issues as they arise. To date, Australian copyright law has been unable to adequately address existing technologies, let alone anticipate new ones. 

What's Fair Use? 

Fair Use provides a broad set of principles that will determine what is and is not illegal with regard to how people use copyrighted material. Instead of a list of specific exceptions, which is what Australia has now, Fair Use is based on ‘fairness factors’. These consider things like what is being used and how, and the impact the use has on the market for the material. Fair Use will specifically exclude any use that infringes copyright. 

Is Fair Use bad for artists?

No, fair use is not bad for artists or creators. Fair Use protects copyright against infringement or other uses which may have a large impact on the market for the copyrighted material. America has a Fair Use system, and is one of the most prolific producers of copyrighted work from artists and creators in the world. 

Tell me more about the copyright review. 

The Australian Law Reform Commission (ALRC), an independent agency, has reviewed Australia’s copyright laws, and recommended we move to a Fair Use system. The review received over 800 submissions from numerous stakeholders.  More information is available on their website. You can also read CHOICE’s submission

 

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