Copyright – review of ‘format shifting’ exceptions

• a hardcopy photograph to be reproduced in an electronic form, or vice versa, for private and domestic use (section 47J), and
• a videotape of a film to be reproduced in electronic form for private and domestic use (section 110AA).

These exceptions commenced on 11 December 2006. The Copyright Amendment Act 2006 requires a review of the operation of these provisions by 31 March 2008.

The government has requested submissions on:

• whether the exceptions are achieving their objectives and an appropriate balance between the rights of copyright owners and users
• whether the exceptions should be extended to permit digital-to-digital copying of photographs and films.

The review will not consider the format shifting exception for books, newspapers, periodical publications and music.

Submissions are due by 29 February 2008.

This update was prepared by Kristin Stammer, Partner and Orana Swan, Senior Associate in the Corporate group.

For more information please contact

Name : Kristin Stammer
Title : Partner
Office : Sydney
Phone : +61 2 9225 5572
Fax : +61 2 9322 4000
Email : kristin.stammer@freehills.com