Gadgets like the format shifting powertool iPod mean the Copyright Amendment Bill must be futureproof.
The Government's select committee report on the Copyright Amendment Bill was released on Friday and has generated some interesting discussion in the tech blogosphere.
Thankfully, the biggest sticking point has been removed - the two year sunset clause on format shifting.
In its original form, the draft
legislation proposed making it legal to rip a CD to your computer (yes that's technically illegal at present), but stupidly suggested this provision should have a limited lifespan.
Now format shifting is set to be incorporated into the legislation in perpetuity.
Russell Brown, who has closely followed the Copyright Bill's evolution has mixed feelings about the changes coming out of the select committee.
One area that threatens to derail the legislation completely is a level of murkiness around the circumstances in which copyright holders - that is, the music labels, can decide to opt out of the provisions enshrined in the legislation as long as they tell the consumer they have chosen to do so.
The select committee does want the bill amended "to make it clearer that copyright owners always have the option of contracting out of all of the permitted acts."
But come on, it's just a waste of time telling consumers they can legally do something but to check for the fine print which may suggest that in some circumstances, they can't.
Brown has a good solution for this: "Perhaps [copyright holders] should be required to post a prominent warning on the front of the CD - YOU MAY NOT COPY THIS MUSIC TO YOUR IPOD - and see how that strikes the consumer".
Aardvark's Bruce Simpson, takes up this point more forcefully.
If copyright holders can contract out of an obligation, what's the point in having those provisions there at all?
That's really the crux of his argument, though he's also miffed that the bill has no allowances for format shifting of video, a valid concern. The Copyright Bill is attempting to refresh legislation to bring it in line with technology changes.
But it risks being left behind before its even finalised if it doesn't allow for format shifting of video in the age of the video iPod and the DivX file.
Some really clear guidelines are going to have to be created around that opt-out clause. Brown's CD sticker warning may be the only solution if this flawed provision is maintained to appease copyright holders.
