Not a Fair Trade: Australia's TPM Protection and AUSFTA-Inspired Reforms

12 Pages Posted: 3 Apr 2007

See all articles by Graham Greenleaf

Graham Greenleaf

University of New South Wales, Faculty of Law

Alana Maurushat

University of New South Wales (UNSW) - Faculty of Law

David Vaile

University of New South Wales (UNSW) - Faculty of Law; Cyberspace Law and Policy Centre

Catherine Bond

University of New South Wales (UNSW) - Faculty of Law

Abi Paramaguru

University of New South Wales

Date Written: March 2007

Abstract

The exposure draft for the Copyright Amendment (Technological Protection Measures) Bill 2006 was released with the aim of replacing Australia's existing technological protection measure scheme. The Bill also sought to implement Australia's obligations under the Australia-United States Free Trade Agreement as well as create additional exceptions to particular dealings with technological protection measures.

This paper, a submission to the Australian Attorney-General's Department, examines areas where the Bill can be improved. The paper criticises the broad definitions of 'technological protection measure' and 'circumvention' contained in the Bill. It suggests there is a need to strengthen the new exceptions proposed. The paper also recommends additional exceptions for breaches of Australian law and orphan works.

Keywords: Copyright, technological protection measures, orphan works, circumvention

Suggested Citation

Greenleaf, Graham and Maurushat, Alana and Vaile, David and Bond, Catherine and Paramaguru, Abi, Not a Fair Trade: Australia's TPM Protection and AUSFTA-Inspired Reforms (March 2007). UNSW Law Research Paper No. 2007-19. Available at SSRN: https://ssrn.com/abstract=977118 or http://dx.doi.org/10.2139/ssrn.977118

Graham Greenleaf (Contact Author)

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

Alana Maurushat

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

David Vaile

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Cyberspace Law and Policy Centre

Sydney, NSW 2052
Australia

HOME PAGE: http://www.cyberlawcentre.org

Catherine Bond

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Abi Paramaguru

University of New South Wales ( email )

Kensington
High St
Sydney NSW 2052
Australia

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