OT: Australia and IP, be warned

farss wrote on 3/31/2005, 4:17 PM
Just got off the phone to my solicitor about something not even vaguely related to media. Turns out this guy specialises in IP and international trade. Effect of the FTA with the US is that Australians are now subject to the same criminal sanctions as apply in the USA in regard to copyright. I summise that technically you could be extradited to the USA to face charges there for breach of copyright.
So now not only are your assets at risk but also your liberty.
At the very least you should have in place a document for anyone supplying you with media to sign warranting that they own the rights to the work. Clearly that's not 100% effective if it would be reasonable for you to know that they didn't.
None of this constitutes a legal opinion, its worth what you've paid for it but it'd sure be a good idea to get a real one on this subject, the situation has changed somewhat so you do need to find someone who specialises in this field and is up to date.
Bob.

Comments

PossibilityX wrote on 3/31/2005, 5:26 PM
ACID Pro and loops are looking more and more attractive all the time.
davepettitt wrote on 3/31/2005, 8:36 PM
Check the date.........
farss wrote on 3/31/2005, 8:59 PM
Sorry but this isn't one of those jokes!
It's NOT music I'm referring to specifically, we do a LOT of work dubbing VHS etc to DVD etc, converting audio files etc, just hum drum post stuff. We're exposed and maybe others are too.
The real point of my post is that things down here have changed.
Bob.
davepettitt wrote on 3/31/2005, 9:57 PM
Bob

My apologies. This does raise some very worrying thoughts as I too do a lot of work dubbing VHS to DVD etc.

More information required.
Sorry again.
Dave
farss wrote on 4/1/2005, 5:31 AM
That's cool.
Don't know how much more I can add.
In summary, the FTA signed by our PM makes US copyright law applicable in Australia. It provide for criminal as well as civil sanctions for breaches.
If you are doing dubs then you really need to get the clients to sign a document to the effect that they warrant that they own or have permission to make copies. You'd obviously need a legal guy who specialises in this area to draw this up. The effect of the term 'warrant' is that they accept their costs and yours if they've told a fib.
You solictor would I expect tell you that this still doesn't entirely take you out of harms way. If it'd be reasonable for you to know it was unlikely that the granny down the road owned the copyright to the latest James Bond movie, then no matter what she'd signed I don't think the courts would let you hide behind the document.
But I've discovered that some of the worst offenders are the ones who should know better such as our broadcasters, now I think if they signed such a document I'd be pretty much in the clear and that's why I'm going to persue the matter. I've got another client whose got much deeper pockets than me who also has a rather cavalier attitude that's a worry and another who'd promised he'd pay a fee for usage of a copyrighted work but I know for a fact they didn't, they still haven't paid me either which is why I wasn't going to pay the fee myself.
Bob.
PhilinCT wrote on 4/1/2005, 3:11 PM
While I am not a laywer, so don't take anything I say as fact, here in the US most dub houses or DVD pressing companies have a blanket form that you sign letting them off the hook prior to them running your job.

You may need to incorporate these basic forms much like the model release form for any oncamera people.

http://www.discmakers.com/cdrom/preparingyourorder/copyrights.asp

info with other links to the actual form I fill out each time I have them press a DVD.

Phil
PhilinCT wrote on 4/1/2005, 3:12 PM
While I am not a laywer, so don't take anything I say as fact, here in the US most dub houses or DVD pressing companies have a blanket form that you sign letting them off the hook prior to them running your job.

You may need to incorporate these basic forms much like the model release form for any oncamera people.

http://www.discmakers.com/cdrom/preparingyourorder/copyrights.asp

info with other links to the actual form I fill out each time I have them press a DVD.

Phil
Cunhambebe wrote on 4/1/2005, 7:11 PM
"...Effect of the FTA with the US is that Australians are now subject to the same criminal sanctions as apply in the USA in regard to copyright. I summise that technically ***you could be extradited to the USA*** to face charges there for breach of copyright."

If I were Australian I'd be very outraged (not because of the copyright law itself). The question is: where's Australia's sovereignty? What a shame.
PeterWright wrote on 4/2/2005, 1:39 AM
> "If I were Australian I'd be very outraged (not because of the copyright law itself). The question is: where's Australia's sovereignty? What a shame."

I'm not so much outraged as unsurprised that something (the "FREE" Trade Agreement) that our government said was in our interests turns out not to be.

We had at least part of a copyright system that was the envy of many - so obviously it needed scrapping in favour of a worse system.

Happily it doesn't affect me - I do original music for each project, but I do wonder what happened to common sense.