Review of the format shifting exceptions for film and photographs – Issues Paper released

Minter Ellison reports that the Government has released the Issues Paper for the review of the format shifting exceptions for photographs and films: Copying photographs and films in a different format for private use. According to Minter Ellison, the format shifting exceptions were introduced into the Copyright Act 1968 (Cth) (the Act) by the Copyright Amendment Act 2006 (Cth) (the Amendment Act) and allow members of the public to copy certain copyright material from one format to another. Under these format shifting exceptions, photographs may be shifted from hardcopy form to electronic form, or vice versa (s47J of the Act). It is permissible to print photographs from digital format, or scan photographs, but it is not permissible to upload photographs to the Internet or email them to a friend.

Minter Ellison notes that the Issues Paper states that the Government does not have a particular view, nor does it endorse a particular course of action. However, the review asks for ‘information on the circumstances in which additional copying might be permitted, the nature and sources of’ the material that might be copied and the implications for creators and copyright owners. Minter Ellison also notes that the Government also asks for information on whether the present operation of the exceptions is ‘causing difficulties’ for creators and copyright owners.

Review of the format shifting exceptions for film and photographs – Issues Paper released


Related Posts