Changes to Copyright law

On 19 October 2006, the Attorney-General, the Hon Philip Ruddock MP introduced the Copyright Amendment Bill 2006 into Parliament incorporating changes which allow limited copying of sound recordings for private and domestic use. The changes also strengthen the enforcement mechanisms available for copyright infringement.

The full text of the Bill, the Explanatory Memorandum and the Attorney-General's Second Reading Speechare available on the Parliament House website at: http://www.aph.gov.au/bills/index.htm.

The Copyright Amendment Bill 2006 passed through both houses of Parliament on 5 December 2006 and came into effect on 1 January 2007.

What do the changes mean for me?

The changes to the law allow copying of sound recordings for personal and domestic use in certain situations. However, you should be aware that there are limits to what you can do. For example:

You cannot burn copies of your CDs to give to friends. You can only create copies of legitimately acquired CDs for your own private and domestic use to play on another CD player that you own.

You cannot share your music online. Uploading or distributing music on the Internet without the permission of the copyright owner is an offence, punishable under civil, and in some cases, under criminal law.

You cannot copy other people’s CDs to your digital music player. You can, however, transfer CDs that you have acquired legitimately to your own digital music player.

Copies of sound recordings are to be used for your own private and domestic use. They must not be played publicly or lent to friends and acquaintances. You may, however, lend copies you have made to members of your family and household.

Some frequently asked questions about changes to the law are answered below.

Will I be able to copy CDs that I have bought to my digital music player?

Yes, under the new laws you can put music that you have acquired legitimately on to an iPod, MP3 player or computer for your private and domestic use.

Can I burn digital music that I bought online on to a CD?

Yes, if you have purchased or obtained digital music legitimately and you want to create a copy for your own private and domestic use. However, you also need to check the licence with your digital provider. In many cases they will allow you to copy multiple times.

Can I burn copies of my CDs?

Yes, you can copy a sound recording from your CD onto another CD if you own another CD player.

Can I share the copy I made with family and friends?

You cannot sell, loan, give away or distribute the copy you made to anyone. But you may lend the copy you made to your family or household members.

Can I share my music online?

No, uploading music on the Internet or distributing music files over the Internet is an offence, punishable under civil law, and in some cases under criminal law.

What does ‘private and domestic use’ mean?

‘Private and domestic use’ means your own personal use, whether on or off domestic premises.

Is it an offence to own an iPod or a mobile phone with recording capabilities?

No, it is not.

What are the on-the-spot fines?

The new enforcement provisions allow the police to issue on-the-spot fines of $1320 to people involved in certain acts of copyright infringement and to seize copyright infringing material.

To access Fact Sheets released by the Attorney General’s Department on the changes to the law, click here.

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