Dear Mr. Bowman,

Once again thank you for your speedy response.

Thank you also for the assistance in providing FAMM with the relevant contact details of the Copyright Tribunal.

Yours faithfully

President

Federation of Australian Movie Makers

-----Original Message-----
From: Bowman, Norman [mailto:Norman.Bowman@ag.gov.au]
Sent: Friday, 13 October 2006 3:53 PM
To: 'Ron Gregson'
Subject: RE: Copyright exception [SEC=Unclassified]

-----Original Message-----
From: Ron Gregson [mailto:kaosvid@netspace.net.au]
Sent: Thursday, 12 October 2006 4:47 pm
To: 'Bowman, Norman'
Subject: RE: Copyright exception[SEC=UNCLASSIFIED]

Dear Mr. Bowman,

 

I thank you for your speedy response.

 

Although your correspondence does not give FAMM members confidence that the proposed changes to the copyright Act would enable members (& members of the public) to use "commercial" music in their amateur movie productions, your final paragraph does.

 

Could you please supply me with a contact point for the Copyright Tribunal so that I may ascertain what procedures FAMM must undertake to negotiate a suitable class of copyright licence which would enable our members, to once again, use "commercial" music in their amateur productions. 

 

Could you also supply FAMM with the relative details of where (or how) I may be able to sight the proposed legislative changes to the Copyright Tribunal.

 

Thank you again for your response.

 

Yours faithfully

 

President

Federation of Australian Movie Makers

 

 

 

-----Original Message-----
From: Bowman, Norman [mailto:Norman.Bowman@ag.gov.au]
Sent: Wednesday, 11 October 2006 3:03 PM
To: 'kaosvid@netspace.net.au'
Subject: Copyright exception[SEC=UNCLASSIFIED]

 

Mr Ron Gregson

34 Louise Drive

BURRUM HEADS QLD 4659

Dear Mr Gregson

I refer to your email message of 9 October 2006 to the Attorney-General's Department on behalf of the Federation of Australian Movie Makers (FAMN) proposing changes to the Copyright Act 1968 that would allow commercially produced sound recordings to be used in amateur film productions.

Your letter letter refers to the Government's decision to introduce into Parliament a new copyright exception permitting sound recordings, and music embodied in the sound recording, to be copied in a different format for personal use.  This exception would allow a person who purchases music to listen to it in private with a playing device that requires a different audio format, particularly portable iPod and MP3 players.

The Government does not intend at present that this narrow exception would allow copied sound recordings or music to be performed to a public audience, such as at FAMN clubs or FAMN events.

In addition, the new exception will not allow individuals to use music from their CD collection to make a film sound track.  Dubbing a CD onto a film sound track is a substantially different use from that which the Government is contemplating under the proposed reforms.

The proposed new exception was formulated having close regard to Australia's obligations under international copyright treaties which require that any exception to copyright must not cause economic loss to a copyright owner in the normal market exploitation of their material.  As far as I am aware, the Government has no plans at present to introduce further exceptions in relation to sound recordings.

I understand that the FAMN previously had an agreement with the Australian Recording Industry Association (ARIA) which allowed FAMN affiliate members to use sound recordings in their film productions.  It appears this agreement has not been renewed because ARIA has not been authorised by record manufacturers to provide such a licence.  I suggest that FAMN might investigate whether it is possible to negotiate a new agreement covering amateur films directly with record manufacturers.

In conclusion, I note that the Copyright Tribunal exists to arbitrate disputes about the conditions of certain classes of copyright licence.  The Government will shortly be introducing legislative changes to give the Copyright Tribunal a wider jurisdiction to arbitrate licence disputes concerning licences that are collectively administered, as well as allowing the Tribunal to utilise less formal alternate dispute resolution arrangements.  These new arrangements, once enacted, may be of assistance if licences cannot be obtained for some uses of recorded music.

I hope this assists you.

Yours sincerely

 

Norman A. Bowman, Senior Legal Officer, Copyright Law Branch, Commonwealth Attorney-General's Department, Australia

tel: 61-2 6250 6324, fax: 61-2 6250 5929

e-mail: norman.bowman@ag.gov.au

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