Communication to the Public
(13) ln accordance with the principle stated in paragraph
(5) of this Submission,
LIANZA believes that works communicated to the public via the Internet should be copyright-protected. There should be automatic copyright in works distributed in electronic format via the Internet just as there is automatic copyright in works distributed in print format. The simplest way to achieve this would be to amend Section 14 of the Act to include works on the Internet.
LIANZA's preference is to use a technologically-neutral term which would cover all present and future types of communicating works to the public, replacing s.14(d) and (e) of the Act.
(14) LIANZA also considers that copyright owners should be able to control how their work is made available, whether via the Internet or by print or other form of publication. However, it is essential that "permitted acts" (copying for research or private study, copying for educational purposes, copying by librarians or archivists, etc) should apply equally to digital works as they do to other types of works. As stated in paragraph 187 of the July 2001 Discussion Paper, "Unless there is a demonstrable reason for not doing so, comparable existing permitted uses should be extended to any new rights so that users are not deprived of the opportunity to make legitimate use of copyright material".
(15) LIANZA holds that the definitions of "cable programme service" and "transmission service" in Section 4 of the Act are far too detailed and hopelessly unclear, and that these should be removed entirely from the Act or be substantially re-written. If this is not done, then the definitions must be amended to include webcasting and a combination of both broadcasting and cable transmission to the public. However, LIANZA prefers the inclusion in the Act of a technologically-neutral communication right that applies to all types of transmission in any format, as recommended in paragraphs 61 and 64 of the Position Paper.
(16) LIANZA is also supportive of the suggestion (paragraph 68) that the Act be amended to include a technologically-neutral category of "communication works" that includes all types of transmission technologies.
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