Review of ‘format shifting’ exceptions

Kristin Stammer, Partner and Orana Swan, Senior Associate at Freehills, report that the government has recently announced a review of the operation of the copyright exceptions which allow format shifting of photographs and cinematographic films for private and domestic use (section 47J and section 110AA of the Copyright Act 1968 (Cth) (Copyright Act)). These exceptions allow:

* 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. Submissions are due by 29 February 2008.

Review of ‘format shifting’ exceptions