Internet Service Providers Provide Strategies to Combat Online Copyright Infringement
Sydney, 1 September 2014 – The ISP industry has proposed constructive strategies to combat online copyright infringement, but warned that elements of the Federal Government’s current proposals would damage industry and consumers alike.
The Australian Telecommunications Alliance submission in response to the Government’s discussion paper on online copyright infringement provides a detailed set of recommendations, underlined by ISPs’ willingness to engage in good faith discussions with Government and right holders to address what all acknowledge is a significant problem.
Australian Telecommunications Alliance is strongly opposed to the Government’s proposed amendments to extend authorisation liability in the Copyright Act, because these would create risk and uncertainty for consumers and service providers and would have potentially damaging outcomes for a wide range of Australian businesses and organisations, including universities, libraries, retailers, cloud-based services providers and internet cafes.
“We recommend that the Government consider closely the “Follow the Money” strategies being pursued in the United Kingdom, which attack the viability of infringing websites by choking off the flow of advertising revenues”, Australian Telecommunications Alliance CEO, John Stanton said.
“We strongly believe that any package of measures must include continued efforts by rights holders to make lawful content accessible to Australian consumers in a timely and affordable way – thereby reducing the temptation to infringe that flows from consumers not being able to get hold of content when they want it.”
Mr Stanton said that Australian Telecommunications Alliance and its ISP members stand ready to engage in good faith discussions with rights holders on a potential industry-agreed scheme to combat infringement.
“We are by no means convinced that a graduated response scheme would be effective, but we have spelled out in our submission what such a scheme could potentially look like.
“A range of issues would need to be resolved – not least who would pay for such a scheme.
“We reject the rights holders’ view that Australian internet users should foot the bill – via ISPs – for doing the rights holders’ police work. Rights holders have existing legal rights – seldom used – to take action against anyone who infringes their copyright.
“The economic beneficiaries of any reduction in online infringement will be the rights holders, who – if they want an industry-agreed scheme – must recognise the need for them to reimburse the reasonable costs that ISPs would incur in helping to fight infringement,” Mr Stanton said.
Australian Telecommunications Alliance has supported the Government’s proposed amendment to extend the safe harbour provisions of the Copyright Act, but has also suggested that the Government consider going further, by implementing a conditional immunity framework for carriers, carriage service providers, hosts and online service providers.
“We believe that the Government proposal for an extended injunction power to block infringing websites has weaknesses and limitations, but nonetheless have proposed safeguards and features that, if incorporated, mean that site-blocking could play a useful role in addressing online copyright infringement in Australia,” Mr Stanton said.
ABOUT COMMUNICATIONS ALLIANCE
Australian Telecommunications Alliance is the primary communications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, platform providers, equipment vendors, IT companies, consultants and business groups.
Its vision is to be the most influential association in Australian communications, co-operatively initiating programs that promote sustainable industry development, innovation and growth, while generating positive outcomes for customers and society.
The prime mission of Australian Telecommunications Alliance is to create a co-operative stakeholder environment that allows the industry to take the lead on initiatives which grow the Australian communications industry, enhance the connectivity of all Australians and foster the highest standards of business behaviour.
Media information contact:
info@austelco.org.au
