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Catherine Raffaele - IP Event
 

Catherine Raffaele - IP Event

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Catherine Raffaele - IP Event Catherine Raffaele - IP Event Presentation Transcript

  • Catherine Raffaele
    • Senior Policy Officer – IT and Communications
  • Campaign for Fair Use
    • Australia has no “fair use” provision, we have a specific and weaker concept called “fair dealing”
    • CHOICE was been involved in campaigning for a “fair use” type right so that consumers are not viewed as infringers when they do socially acceptable acts such as tape a television program or transfer a CD to an MP3 player.
  • Fair Dealing Expanded But…
    • The Government introduced The Copyright Amendment Bill 2006 which gave Australians the right to (for domestic and private purposes):
    • Time Shift eg record programs to watch at a later date
    • Format Shift eg digitize your analogue files
    • Some extra but limited abilities to share copyright protected material
  • Australia/US Free Trade Agreement
    • May 2004, Australia signed a Free Trade Agreement with the US which required Australians to:
    • Extend Copyright protection from 50 years after author’s death to 70 years
    • Make many copyright infringements criminal (using unclear terminology that doesn’t safeguard consumers from being prosecuted)
    • And…
    • Took away Australians’ right to circumvent Technological Protection Measures.
    • So Australians cannot legally make use of their new fair dealing rights if it involves circumventing a technological protection measure (eg Digital Rights Management)
  • Free Trade Agreements - Growing patchwork of obligations
    • Very realistic chance of hamstringing future IP campaigns
    • Binding agreements limits the scope of change
    • Limited ability to review laws when society changes
    • Decentralised unlike International Treaties – a growing patchwork of agreements
    • Harder to know who to lobby, what to target
    • Difficult to know what can and can’t be changed
  • Rights should not be Tradeable
    • It should be inconceivable that we would allow our right to vote or freedoms of speech* to be modified on the negotiation table yet this is what we have allowed to happen with Intellectual Property rights – yet these rights or lack of rights influence our ability to exercise what many of what we would consider fundamental rights.
    • *For countries that have them.
  • Charters to Assert Consumers’ Rights
    • European Charter on the Rights of Energy Consumers (A World Consumers Energy Charter?)
    • EU Air Passenger Rights
    • Charter of Health Consumer Rights
    • A Charter of Communications Rights (Telecommunication Services)
  • Intellectual Property and Consumer Digital Rights Charters
    • Adelphi Charter (IP Rights)
    • BEUC’s Consumer Digital Rights Charter (6 rights)
    • Norwegian Consumer Council
    • CHOICE’s “Our Digital Rights” Charter
  • Lessons for the Future
    • We need to be more strategic
    • We need to be more proactive – the IP industry has shown how this works so well
    • We need to understand the big picture and what’s going on behind the scenes
    • We need to act both locally and internationally
    • We need to strengthen our networks