Bill to Strengthen Copyright Owners Rights Introduced to Federal Parliament

Monday 5 November 2018 @ 2.46 p.m. | IP & Media | Legal Research

On 18 October 2018 the Copyright Amendment (Online Infringement) Bill 2018 (Cth) (the “Bill”) was introduced to Federal Parliament’s House of Representatives by Paul Fletcher MP, Minister for Families and Social Services, on behalf of Communications Minister Senator Mitch Fifield, with the Bill proposing amendments to the Copyright Act 1968 (Cth).

The Bill has passed the House of Representatives and is awaiting introduction to the Senate.

Background

According to the Bill’s Explanatory Memorandum (the “EM”), the Bill:

“… amends the scope of the online copyright infringement scheme in section 115A of the Copyright Act 1968 (the Act) to enable copyright owners to more effectively enforce their rights by  disrupting the supply to Australians by online locations operated outside Australia of material that infringes copyright, or facilitates the infringement of copyright …”

IT News reports that Communications Minister Mitch Fifield has said the changes will make it harder for sites that host pirated content “to circumvent blocking measures”.  The article also reports the introduction of the Bill is hoped to strengthen Government’s “existing, successful website blocking scheme introduced ... in 2015”.

In addition, copyright owners would be able to seek Federal Court orders:

“ … requiring search engines to demote or remove search results for infringing sites … We are always looking at what more we can do, and we want copyright owners to have the right tools at their disposal to fight online piracy …”

Brief Overview of the Amendments

The Bill amends the scope of the online copyright infringement scheme in s 115A of the Act to enable “copyright owners to more effectively enforce their rights by disrupting the supply to Australians by online locations operated outside Australia of material that infringes copyright, or facilitates the infringement of copyright”.

The Bill’s EM indicates the changes to s 115A of the Act will:

  • . . . provide that an injunction may be granted in respect of an online location that has ‘the primary purpose or the primary effect’ of infringing, or facilitating an infringement, of copyright (whether or not in Australia);
  • include a rebuttable presumption that the online location is outside Australia, to reduce the evidentiary burden on copyright owners;
  • enable copyright owners to seek injunctions requiring online search engine providers to take such steps as the Court considers . . . 

Comment and Reaction to the Proposed Changes

The Minister said while the existing blocking scheme had been initially successful there was still “a proportion of Australian users who seek out infringing sites and there are still pathways to get to these sites”, with search engines and cyber-lockers being targeted.

In the Minister’s Second Reading Speech, he commented:

“… It will allow injunctions to be made against online search engines, who would be required to take reasonable steps to remove search results that refer users to an infringing online location. This will remove links that allow users to discover the existence of websites that may be the subject of an injunction … Search engine results can also disclose alternate pathways to blocked websites, which can undermine the effectiveness of blocking orders…”

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Sources:

Govt to beef up website blocking laws – ITNews (Ry Crozier, 18 October 2018)

Copyright Amendment (Online Infringement) Bill 2018 (Cth) - Bill and supporting information available from TimeBase LawOne Service.

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