Instead we get something called ‘flexible dealing’ which allows for
1. Non-commercial uses by libraries, museums and archives (eg, to allow a museum to include extracts of historical documents in materials for visitors);
2. Non-commercial uses by educational institutions for the purpose of teaching (eg, to allow a school to put an out-of-date VHS documentary onto DVD);
3. Non-commercial uses for the benefit of people with disabilities (eg, to allow a person with a print disability to convert a book they own into accessible text), and
4. Parody and satire.
More info at Weatherall’s Law.
yo, i wonder what happens if one were to get a copy of a tv show from the US that was to be broadcast in Australia say a year later? Is that also time shifting?
It’s time-shifting, but I think it’d still be illegal under Australian law, because flexible dealing only applies
* in certain special cases;
* where the use does not conflict with a normal exploitation of the work; and
* where the use does not unreasonably prejudice the legitimate interests of the author.
Further to what Shannon said . . .
The proposed legislation makes it clear that time and format shifting has to be done by YOU (not someone else, not even a business on your behalf).
So that would mean you would have to have done the recording in the USA and then have brought it back to be even remotely legal.
More info at the AG’s FAQ – (about 2/3s of the way down the overly long page at – http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Media_Releases_2006_Second_Quarter_14_May_2006_-_Major_Copyright_Reforms_Strike_Balace_-_0882006 – (yeah tey could have used nicer URLs too you’d think . . . but oh, that’s right, they outsourced federal govt IT departments . . . . ))
So if one was to watch the streaming versions of US TV shows (like the American ABC network is doing, with ads) that would also be illegal?
Curse the interweb!
Bugger fair use, a parody and satire exemption is the best thing I’ve heard in a long time.
Greg, if you’re watching an official stream I’m sure that’s fine. But recording it is another matter. Note that under ‘flexible dealing’ a recording of a broadcast can only be used once, then must be deleted.
Sharing, including making a music mix for a friend, is still illegal.
Flute, I agree that flexible dealing sounds like good news for satirists, although how it intersects with ‘moral rights’ isn’t entirely clear to me.