BALDWINS • FoodLegal

Australian Lawyers and Consultants

Digital Law Issues

February 1998

The Federal Attorney-General recently established a committee to draft law change proposals on copyright in digital and online media. This is in response to international treaty negotiations. Current proposals involve broadening of copyright to include a new "transmission right" or a "right to make available (the copyrighted subject matter) to the public".

Meanwhile, last year’s decision of the High Court of Australia (handed down on 14 August 1997) in Telstra Corporation Limited vs. Australasian Performing Rights Association (APRA) clearly has wider copyright ramifications for on-line transmission of music. The High Court held that Telstra had infringed the Copyright Act by the transmission of copyright music over telephone lines as part of ‘on-hold’ and other services. Justice Kirby alluded to consequences for various other information and communication technologies including video conferencing and data transmission. APRA has subsequently initiated a test case against an internet service provider in relation to the use of music on the Internet and the outcome of this case is awaited.

It seems inevitable there will be more test cases in relation to use of copyrighted material, such as music, not only on the Internet but in other new digital media. New software programs (some already available as shareware) can facilitate unauthorised downloading of music from digital media such as CDs.

Baldwins has a committed interest in this area and can advise or act for clients in litigation, especially those involved in music or multimedia or on-line services.

For further information, contact Joe Lederman at BALDWINS, Australian Lawyers & Consultants.

Return to the Intellectual Property Law Archive.