UK Government proposes wider copyright fair dealing provisions

The UK Government has published its proposals for amending the UK Copyright Act to expand fair dealing exceptions. This includes format shifting, without compensation, broader educational and archiving exceptions and a parody right.

The changes follow the review of intellectual property law led by Ian Hargreaves last year.

The issues covered in the UK Government proposal touches on many of the same areas raised in the Australian Law Reform Commission's review of Copyright and the Digital Economy.

According to the proposals: "The UK needs to adapt its strong but rigid framework for copyright into one that is modern, robust and flexible:

• flexible in removing certain barriers to using copyright works, and thus supporting innovation and growth;

• modern in dealing better with the challenges of current and future te chnologies; and

• robust in ensuring there continue to be appropriate incentives for creators and rights holders to carry"

The report goes on to say "The Government aims to find a balance between the interests of rights holders, creators, consumers and users by introducing through Parliament a revised framework of boundaries for copyright and related rights in the digital age. Legitimate users of copyright works, the vast silent majority who pay for works and value greatly the contribution that creators make to their lives, will gain important new rights to use those works. It should make those works more valuable, and creators and rights owners stand to gain some of that value, particularly where they themselves are innovating. The interests of creators and owners will continue to enjoy strong protection, including requirements for people to deal fairly with copyright works and robust action against those who acquire or make use of works unlawfully."

Sarah Rodgers, the chair of the UK composers' organisation BASCA, commented: "Composers and songwriters depend on the protection of copyright to enable them to earn a living from their musical works.  Copyright is the legislative framework that for us music writers is the same as being employed - in other words, it's the way that we get paid for the work that we do.  An exception to copyright, without compensation, for us, is employment without payment.  The creative economy is not supported by denying income to its workers. 

“This decision makes songwriters and composers vulnerable to erosion of the value of our creative works and what we are able to earn from their use.  It is wrong from both a commercial and a moral standpoint and puts us out of step with our European counterparts."

The Government plans to introduce legislation next autumn. 

The report can be found here: 

http://www.ipo.gov.uk/response-2011-copyright-final.pdf

Australia Council's report into music recording sector.

The Music Board of the Australia Council commissioned a report into the Australian music recording sector to  understand the needs of the sector; to assess what is required to grow the recording sector; and to explore the specific role of government in ensuring the sustainability of music recording in Australia.

The report found a consistent view amongst stakeholders that there is a real need for the federal government to play a continued role in supporting the recording sector in the production of sound recordings by Australian composers and performers across all genres and traditions. 

New recording, mentoring, promotion and export initiatives were seen to be crucial in ensuring that the recording sector’s high levels of creativity are maintained and matched by a greater presence in national and overseas markets. This would require government assistance beyond existing programs.

In addition to funding programs there was a strong view that tax incentives, comparable to those offered to other cultural industries, should be available to support the production of Australian sound recordings.

The report can be found here: http://www.australiacouncil.gov.au/__data/assets/pdf_file/0007/146761/The-Music-Recording-Sector-Report-2012.pdf  

The Australia Council has also instigated a pilot program which will offer grants of up to $50k to record labels to support a schedule of new releases by Australian artists. Guidelines and application forms for the grant can be found here. http://www.australiacouncil.gov.au/grants/2013/recording-initiative

The European Commission moves to modernise copyright

Following a meeting of the European Commission College of Commissioners on copyright,  the Commission has announced immediate plans to address six areas where progress is needed.  They include cross-border portability of content, user-generated content, data and text-mining, private copy levies, access to audio-visual works and cultural heritage.   

A structured dialogue via stakeholder consultations and impact assessments will be launched in early 2013 which, when completed, will allow the Commission to take stock and propose new initiatives. The Commission will also look at other issues such as territoriality in the Internal market, agreeing appropriate levels of harmonisation, limitations and exceptions to copyright, and how to improve the legitimacy of enforcement in the context of wider copyright reform with a view to a decision in 2014 on whether to table legislative reform proposals.   

A task force comprising Commissioners Michel Barnier (Internal Market and Services), Neelie Kroes (Digital Agenda) and Androulla Vassiliou (Education, Culture, Multilingualism and Youth) will be established to deal with all Intellectual Property Rights (IPRs) issues as part of this process. 

“Copyright should remain a modern and effective tool to support creators and allow for innovation,” said ICMP Director General, Ger Hatton. “We are pleased that the Commission will engage in wide ranging stakeholder discussions to tease out any perceived issues with copyright prior to deciding a way forward.  Strong copyright foundations allow composers and authors to live from their work respecting the fundamental rights of both creators and rightsholders."   

The digital economy has been a major driver of growth in Europe over the past two decades, and is expected to grow seven times faster than overall EU GDP in the coming years.

The original discussion paper for the debate can be found here:  http://www.ampal.com.au/news-and-events/2012/12/6/european-commission-debate-on-copyright-in-the-digital-economy 

AMPAL delivers its submission to the ALRC's review of Copyright and the Digital Economy.

The Australian Law Reform Commission has been instructed by the Attorney-General to conduct a  review of Copyright and the Digital Economy with special emphasis on whether there is a need for more free exceptions to copyright or more statutory licensing provisions. They released an issues paper in August seeking submissions from interested parties. The Issue Paper is available here: http://www.alrc.gov.au/publications/copyright-ip42

AMPAL- along  with more than two hundred other organisations - has made a submission to the Review. AMPAL questions the rationale for a number of the proposals floated in the  paper and has argued that any proposed exceptions or statutory licences must be subjected to evidenced based impact assessment.

AMPAL has also stressed the importance of a strong copyright regime to encourage and reward creators of music and those who invest in them. 

All of the submissions received by the ALRC can be found here: http://www.alrc.gov.au/inquiries/copyright-and-digital-economy/submissions-received-alrc  

The AMPAL submission can be found here: http://www.alrc.gov.au/sites/default/files/subs/189._org_ampal.pdf

AMPAL AGM - new Board Member elected

The AMPAL Annual General Meeting held in Sydney on November 22nd has elected Simon Moor to its Board of Directors. Also re-elected to the Board were Mark Callaghan, Peter Hebbes AM, Adrian Marchesani and Philip Walker.

Simon Moor opened an office for Kobalt Music Group in September 2010 and is currently the Managing Director for Kobalt Music Publishing Australia.  Simon is responsible for working with Kobalt’s international roster of writers and artists as well as the growing local roster.

The AGM heard reports from Catherine Gerrard, Chair of AMPAL as well as the General Manager, Jeremy Fabinyi.

AGSC Awards

The big winners at the Australian Guild of Screen Composers Awards night held on November 19th in Melbourne were Antony Partos and Lisa Gerrard.

The 2012 Screen Music Awards celebrated the gifted music composers who create magic behind the ‘screen’ - both small and large. Held at Melbourne’s BMW EDGE, the Screen Music Awards (staged jointly by APRA and the AGSC) has recognised composers across thirteen categories. This year’s recipients include two previous Golden Globe winners and while it’s an eclectic group they all share one common trait - the unique ability to adapt to any musical situation and tell a story without even a word being spoken.

Sydney based screen composer ANTONY PARTOS has been recognised in three categories, winning Best Television Theme for the ABC TV adaptation of Christos Tsiolkas’ The Slap, Best Music for a Mini-Series or Telemovie for the ABC mini-series Mabo and Best Soundtrack Album for The Slap along with co-writers MICHAEL LIRA, JONO MA and IRINE VELA. It’s a phenomenal victory for Partos who has been responsible for memorable screen scores including the menacing Animal Kingdom, Unfinished Sky, Rake and Crownies. His work can currently be heard on the acclaimed ABC television series Redfern Now.

Taking out the coveted Feature Film Score of the Year is LISA GERRARD with her wonderfully ethereal and dramatic score for Burning Man. Lisa Gerrard is quite simply a musical force to be reckoned with. Winner of the Golden Globe award for her score for the Ridley Scott film Gladiator, Lisa came to fame as a screen composer after recording The Insider in 1999. A number of high profile scores followed including Ali, Whale Rider, Balibo (winner of the Screen Music Awards Feature Film Score of the Year in 2009) and Oranges and Sunshine. Much of the work of Lisa Gerrard’s band Dead Can Dance has a cinematic quality that led to the group’s music being used in the cult movie Baraka, television commercials and even a car chase scene in Miami Vice. Never afraid to take on a challenge, Lisa Gerrard remains one of Australia’s truly innovative screen composers.

BURKHARD DALLWITZ has received the award for Best Music for a Television Series or Serial for Underbelly Razor. Burkhard’s compelling scores for the Underbelly series have been inextricably linked in the minds of those who are loyal fans of the series. Another Golden Globe winner, (Burkhard Dallwitz received the Golden Globe in 1999 for his original score for The Truman Show by Peter Weir), his work on Underbelly has struck a chord with judges and has seen him receive four previous Screen Music Awards. Tonight’s honour gives him his fifth Screen Music Award for the Underbelly series.

The category of Best Music for a Short Film has been won by ROGER MASON for This Dog’s Life, the story of a young boxer forced to fight and kill for his father’s love. The first non-American composer to be granted a scholarship by the Robert Redford Sundance Institute, Roger Mason has been working solidly as a screen composer since the 1990’s and has won multiple Screen Music Awards.

Melbourne based composer and classically trained pianist BRETT APLIN has won the category of Best Music for a Documentary for Tiger Dynasty, the award winning natural history documentary for Animal Planet. The AFI and Australian Screen Music Award winning screen composer won the 2000 Annual Pete Carpenter Fellowship (BMI Foundation, NYC) and travelled to Los Angeles where he composed music for Law and Order: Special Victims Unit. He has most recently scored the three-part natural history documentary series The Polar Bear Family and Me for the BBC.

The multi talented LIOR has proven his versatility by taking out the Best Original Song Composed for the Screen for Hey Hootabelle from ABC4Kids Giggle & Hoot. An artist whose career has been built on integrity and independence, Lior’s fertile musical palate continues to cross broad territory.

Co-composers RYAN GROGAN and HYLTON MOWDAY have won the Screen Music Award for Best Music for Children’s Television for the Channel 9 animated children’s series Gasp! about a thrill-seeking, mischievous gold-fish who gets up to all sorts of adventures when his owners are not at home. With a reputation for being composers who move effortlessly between genres and styles, their collaboration on Gasp! has proven to be a winner.

HAYDN WALKER has received the award for Best Music for an Advertisement with his uplifting score for the Nutrilon: Hope ad campaign. This music all-rounder with first class honours in composition from the Sydney Conservatorium of Music has worked with everyone from Grinspoon to the Potbelleez. Last year he won the Screen Music Award in the Best Television Theme category for the children’s TV series, Scariacs.

In the Most Performed categories (determined by statistical analysis) ADAM GOCK and DINESH WICKS have won the Most Performed Screen Composer – Australia while NEIL SUTHERLAND is the Most Performed Screen Composer – Overseas.

Legendary Australian film director BRUCE BERESFORD received the INTERNATIONAL ACHIEVEMENT AWARD in recognition of his considerable international achievements as a film-maker and his specific commitment to creating opportunities for groundbreaking work by Australian screen composers.

The Chaser’s Chris Taylor and Andrew Hansen hosted the 2012 Screen Music Awards, which featured a live ensemble under the musical direction of Paul Grabowsky.

Presenters on the night were: Jack Thompson, Melanie Vallejo, Tom Wren, Ian Darling, Don Batte, Diana Glenn, Lachy Hulme, Christopher Gordon, Peter Luscombe, Tony Briggs and Cezary Skubiszewski with performances by Kira Puru and Electric Empire.

Congratulations to all of the winners of the 2012 APRA-AGSC Screen Music Awards and thanks so all entrants for their support fo the Screen Music Awards.

International Achievement Award: Bruce Beresford

Feature Film Score of the Year: Burning Man (Composer Lisa Gerrard, Publisher Sony/ATV Music Publishing Australia P/L)

Best Music for a Documentary: Tiger Dynasty  (Composer Brett Aplin)

Best Music for a Short Film: This Dog’s Life (Composer Roger Mason)

Best Soundtrack Album: The Slap  (Composers Michael Lira* / Jono Ma* / Antony Partos* / Irine Vela  Publisher Sonar Music Pty Ltd*)

Best Original Song Composed for the Screen: Hey Hootabelle from Giggle & Hoot (Composer Lior; Publishers ABC Music Publishing / Mushroom Music Pty Ltd)

Best Music for Children’s Television: Gasp!  (Composers Ryan Grogan / Hylton Mowday Publisher SLR Productions Pty Ltd)

Best Television Theme: The Slap (Composer Antony Partos; Publisher Sonar Music Pty Ltd)

Best Music for a Television Series or Serial: Underbelly Razor (Composer Burkhard Dallwitz)

Best Music for a Mini-Series or Telemovie: Mabo (Composer Antony Partos; Publisher Sonar Music Pty Ltd)

Best Music for an Advertisement: Nutrilon: Hope (Composer Haydn Walker; Publisher Song Zu Publishing Pty Ltd)

Most Performed Screen Composer – Australia*
Composers Adam Gock/Dinesh Wicks

Most Performed Screen Composer – Overseas*
Composer Neil Sutherland

* Determined by statistical analysis