Copyright exceptions for private copying of photographs and films

22 Jul 2008

This review of the operation of two copyright exceptions that permit 'format-shifting' recommends that no change is made to the legal position but that public education material should be reviewed.The Attorney-General's Department has carried out a review of the operation of two copyright exceptions that permit 'format-shifting'. These exceptions are sections 47J and 110AA of the Copyright Act 1968 which permit photographs and cinematograph films to be reproduced in a different format for private use, subject to certain conditions.

The report recommends:

  •  a re-examination of public awareness material and consumer information on the meaning of the format-shifting exceptions to assist people to understand their rights and obligations under the Copyright Act 1968.
  •  that no change be made to section 47J at this time. However it would be beneficial to provide further public information in relation to copyright in photographs taken professionally for a family or private occasion.
  •  that no change be made to section 110AA at this time. However, the department will continue to monitor the evolution of relevant markets to determine if new products are introduced as anticipated by the film industry.
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