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Aussies demand fair use rights

p2pnet.net News:- Australia’s Joint Standing Committee on Treaties has now tabled its report on the inquiry into the Free Trade Agreement between Australia and the United States.

"It is absolutely time for Australian consumers to have fair use rights to privately copy material they have legally acquired," states Charles Britton, Senior Policy Officer, IT and Communications with the Australian Consumers’ Association.

Levies on blank recording media and digital music players have been proposed, but without a right to fair use, "any levy will be at odds with the law as it stands," says Britton. "Without a fully protected right of private copying, copyright holders will be able to double dip - they will pick up the levy but still lock material away with contract or technology."

"At the same time, the Free Trade Agreement (FTA) coming before Parliament seeks to adopt the draconian US line on copyright, without attending to crucial aspects of consumer protection. The US has a constitutional guarantee of free speech - we do not. The US has fair use provisions that provide some level of protection for consumers in home copying - we do not," Mr Britton explained.

Copyright rules are increasingly being used to control access and reading, not just copying, Britton says, adding that the Australian he Copyright Act must create the right for consumers to do fair private copying and protect access to material they legally obtain.

"Such rights must be guarded from contractual removal and consumers given legal access to technology to enforce them. Any levy will not work without these reforms.

"Any proposal must also meet some key practical challenges. Any levy must not catch media used for non-infringing purposes - such as CDs for digital photos, and DVDs for computer data backup and video recording. It must not create problems at the checkout and must not add significantly to prices."

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