Volume II

Issue : 4: February 19, 2004

• FCC Decides Against Regulation of VoIP But Decides to Regulate Provision of Internet Access by Public Utilities
• Canadian Recording Industry Taking Action against Individual "Uploaders"
• U.S. Court of Appeals Reverses Application of Safe Harbour Liability Limitation for Copyright Infringement by AOL
• CIRA Transfers "mtv.ca" to MTV Television in Latest .Ca Domain Name Dispute Decision
• U.S. Federal Appeals Court Upholds Wine Ban
• U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws
• Court Upholds Jury Award of $20 Million for Copyright Infringement in Newsletter Case
• Alberta Court Finds Online Defamation Warrants Increased Damage Award
• eBay Not Liable for Negative Feedback Posted by its Users

Home > Volume II > Issue 4: February 19, 2004 > U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws

U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws

On February 8, 2004, the U.S. and Australia entered into a Free Trade Agreement, which includes, among other things, important agreements on e-commerce and intellectual property. Australia has agreed to change its laws in a number of areas to harmonize them with those of the United States. These changes will strengthen intellectual property laws and enforcement in Australia. Some of the highlights are:

• digital products will not be subject to customs duties
• copyright owners maintain rights over temporary copies of works on their computers which is said to be important in protecting music, videos, software and text
• Australia has agreed to establish strong anti-circumvention provisions to prohibit tampering with technologies (such as embedded codes on discs) that are intended to prevent piracy and unauthorized distribution over the Internet
• Australian rules for liability of ISPs for copyright infringement are to become similar to those in the U.S. under the Digital and Millennium Copyright Act
• the term of copyright in Australia has been extended to the life of the author plus 70 years which brings the term into harmony with the U.S.

Critics of the agreement in Australia point out that it benefits the large U.S. entertainment and IT industries whereas end users in Australia, which tends to be an importer of these products, will now have reduced access to these products.

To view a summary of the agreement, visit:
http://usinfo.state.gov/ei/Archive/2004/Feb/10-640862.html