Australian Govt enacts bizarre copyright law

Peter Dockrill
19 May 2006, 7:29 AM


The Australian Goverment has finally enacted fair use amendments to the copyright act, but in a bizarre and unexpected twist, recordings can only be watched once, after which they must be destroyed.


TV TV

The Australian Goverment has finally enacted "fair use" amendments to the copyright act, but in a bizarre and unexpected twist, recordings can only be watched once, after which they must be destroyed.

Sure, you'll no longer be a criminal every time you hit the record button on your VCR (or PVR), but if you want to watch a TV program twice, it's a criminal record for you, baby.

Attorney-General Philip Ruddock's new reforms to the Copyright Act, announced Sunday 14 May, will see sweeping changes to the legislation. But Ruddock and his department are asking for Mission Impossible type recordings: after a single watch, they must self-destruct (or be destructed).

Given the reforms' aim to keep "pace with technology", we hate to break it to you Phil, but, well, sorry - you haven't quite got there.

In fact, while you can see where the Government's trying to go with this, the proposed amendments - in the ordinary consumer sphere, at least - have a somewhat laughable quality to them.

See, the laws - with regard to copyright infringement - are getting a little shake-up; they're letting their hair down a bit. But before you break out that big inflatable beach ball, bear in mind that they're not getting all that relaxed. The new laws are, still, somewhat tetchy. They feel like laws which could (and will) be easily irritated. But don't take my word for it. I'll let a few of the more ridiculous excerpts from the Attorney-General Department's own FAQ spell the rest out for you:

Q: 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.

Q: 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.

Q: 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.)

Q: What can I do with recorded programs?

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.

Q: 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.

Hold the phone - don't cancel that Simpsons marathon just yet; it looks like it just might be OK after all (but only if you haven't seen those episodes before).


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Mosky:

Even in theory this is an absurd law.

How do they expect to police this?

I wonder how law relates to users of Pay TV services that utilise ‘Time Shift’ on their set top boxes.

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

Liam:

You'll see: teenage girls all over Australia will soon revolt in disgust at the idea that they can only watch each week's Big Brother eviction, just once.

Perhaps this is the excuse we've all been looking for?

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

Drew Higgins:

Absolutely pathetic. If you download something why can't you keep it?

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

Winston:

It's ridiculous, as others say. Hit the record button and its OK, hit the rewind button while it's playing and it's not. I'd like to see squillions of people getting arrested for rewinding a segment. Or how about getting arrested for shelving some VHS tapes?

Now that we have DVD or HDD recorders its even more absurd to expect them to record to DVD+-RW only or automatically erase the show when you've just stopped watching it. Try doing that to VCRs! LOL

And you can't play it at school or work? Aren't there still any exceptions made for purposes of criticsm or education? I'd like to see school teachers getting arrested for showing their class a taped educational program (eg documentary), or a company being sued for recording and analysing shows featuring their competitor's products.

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

kompufreak:

Funny.

There will be surprise raids on all suburban households and 3 year-olds will be arrested for watching that episode of the "Teletubbies" over and over again. LOL!

Does this mean there will be rebates on CD and DVD recorable media? You take it back to the store, "I need to destroy this, can I have a replacement?"

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

Daniel:

Quite right, this is a laughable law. I don't know how they intend to enforce it, I can't imagine how someone can prove they've only watched a file/tape/dvd only once. Actually, I'd expect something like that from our former immigration minister.

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

dan:

i often record things & never get around to watching them, i guess they're all legal now!

I'm sure if you went to phils house & pointed out his vcr/cd/dvd collection, he'd say that he has yet to watch any of it... lol.

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

David:

The interesting question with all of this is, if you find an old, unlabelled video sitting around - how can you check what is on it without running the risk of breaking the law if it's something you have already watched??

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

Tony Brown:

I knew I should have moved to Queensland :)

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

anonymous:

I had to laugh at how the FAQ contradicts itself; i.e. you can record the media for later use (albeit only once), yet you can't store it indefinately (for later use, presumably) - even if you had only viewed it once, and did not destroy the copy afterwards, how could anyone reasonably prove you ever had any _intent_ to view more than once?

Having said that, any fair use clause is better than none at all, even if it has conditions (which are practically impossible to police at . Which brings me to my next point, will this mean all media players will now require DRM mechanisms to enforce these laws? If so, how will this effect those of us within the Open Source community, who were forced to circumvent copyright protection on legally purchased DVDs, simply in order to watch them...

Just some more food for thought.

29 February 2008, 8:28 PM (5 years ago)report abuse Send to a friend reply

James Taylor (User):

awwww sheeeeiit, i guess im a criminal then

28 June 2012, 4:19 PM (10 months ago)report abuse Send to a friend reply

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