Copyright enforcement review

Copyright: a public discussion for the digital era

This submission provides insights from ANA’s research and analysis program, drawing particular attention to attitudes amongst middle Australians towards arts, culture and creativity, including attitudes toward copyright. It also draws on forthcoming research into the financial inflows to cultural and creative industries to assist in placing copyright revenue into a larger context.

An effective review of the copyright system must acknowledge the rapidly changing context for copyright, with most people in Australia now using and generating copyright material on a daily basis. It also must consider both the direct and indirect role copyright plays in income models.

Our submission covers three themes:

1. The changing context of content creation: Once the province of professional creators with collecting societies to help them collect and protect their copyright income – is now a widespread activity. This quantum change presents new challenges in ensuring our current copyright system works effectively for all Australians.
2. The role of copyright in financial inflows: Effective enforcement of the copyright system underpins both direct copyright revenue, as well as other forms of income generation and the expression of rights.
3. Public understanding of copyright: A potential barrier to this public discussion is that many Australians have a rudimentary understanding of how cultural and creative industries drive economic activity. Our research suggests however that they are aware and supportive of the role the copyright can play in ensuring Australian creators are protected and remunerated.

This submission also includes three recommendations to help ensure Australia’s copyright enforcement system is fit for purpose and responsive to this changing environment.

1. To strengthen the operating environment of cultural and creative industries, proceed with the bipartisan proposal for a Productivity Commission inquiry ‘into the legislative arrangements  which govern funding of artistic programs and activities at all levels of government’.
2. As part of the Copyright Enforcement review 2023-23, explore whether copyright plays a  more significant role in income within particular sub-sectors to assist in best focusing  administrative and enforcement efforts.
3. Following the Copyright Enforcement Review, explore options for strengthening the  copyright-focused elements of the Australian Curriculum to improve broad public  understanding of the role copyright plays in their own lives (with regard to creation and use of copyright material) as well as the role of copyright-based industries in diversifying and strengthening Australia’s economy.

For the full submission text, download the PDF.