Permitted Uses and Exceptions to Copyright Infringement
47. The Act contains a number of narrowly defined exceptions to copyright infringement. These are referred to in the Act as "permitted acts" (also known as "permitted uses") and allow the use of copyright material without the permission of the copyright owner, for particular purposes and in specific circumstances that are in the wider public interest. Permitted acts include incidental copying, fair dealing (for purposes of criticism, review, news reporting, research and private study), time-shifting, Braille copies and back-up copies of computer programs. A number of specific exceptions apply to educational establishments, libraries, archives and for the purposes of public administration in particular circumstances.
48. The discussion paper asked whether the current range of permitted uses should apply to any new rights granted to copyright owners in the digital environment. It also asked if there is a need for new exceptions and permitted uses to meet the needs of users that arise from digital technology in specific cases.
49. Most respondents agreed that the existing exceptions to copyright infringement should apply in the digital environment. Some respondents (producers and publishers) submitted that existing exceptions should not automatically be extended in their entirety to the digital environment, as it would not always be appropriate to do so.
50. Several submissions from copyright users (particularly educational institutions) argued in favour of the creation of a general right to make digital copies for educational purposes (and transmit them electronically). Copyright owners (from the book publishing, music and software industries) submitted that no additional permitted uses are required for educational establishments and that existing limits should apply to the copying of digital works as for print works.
51. On the question of whether the Act currently provides for adequate access for libraries to copyright materials in the digital environment, respondents generally agreed that libraries should be permitted to make digital copies of their collections for research and private study and archival purposes without the permission of the copyright owner. Copyright owners generally conceded to this, but only in certain circumstances. Very few respondents addressed the question of whether libraries should, without the permission of copyright owners, be allowed to facilitate on-demand access to digital copies from on-site computer terminals. Two owner representative bodies submitted that such access should be allowed on the condition that it does not permit electronic reproduction onto disk or communication to other people, and complies with relevant licensing agreements. These groups also submitted that libraries should not have the right to digitise copyright material forming part of their collections for on-line access without the permission of the copyright owner.
52. Copyright owners expressed general concerns about the effects of any new exceptions for educational establishments and libraries on the ability of copyright owners to develop and exploit new digital markets.
53. Submissions were also sought on the issue of time-shifting and whether the current exception which allows recording of broadcasts or cable programmes for private or domestic use (for viewing or listening at a more convenient time or to make a complaint) should also apply to webcasts.4 The vast majority of submissions considered that the existing time-shifting exception should also apply to webcasts.
54. Views on format-shifting were also sought. Under the Act the copying of a legitimately acquired copyright recording from one format to another format - "format-shifting" - constitutes copyright infringement, even where it is for the personal use of the owner of the original copies to allow playback in another format (as is allowed in a number of other countries). The discussion paper asked whether format-shifting of sound recordings should be permitted under the Act. The majority of respondents who addressed this question considered that some provision should be made for private format-shifting of legitimately purchased copies of sound recordings without infringing copyright. A small number of respondents suggested that a format-shifting exception should also apply to other types of works, for example films.
4Copyright Act 1994, section 84.
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