Act of Parliament assented to - Act No. 71 of 2018

Overview

The Copyright Amendment (Service Providers) Act 2018 was assented to by the Administrator on 29 June 2018, marking a significant legislative update to the existing Copyright Act 1968. This Act was introduced to address the growing issue of copyright infringement facilitated by online service providers, aiming to enhance the protection of copyright holders’ rights in the digital realm. The enacting body, the Parliament of Australia, sought to achieve a policy objective of ensuring that online platforms contribute to the enforcement of copyright laws, thereby balancing the interests of content creators with the functionality of digital services. This legislative amendment was a direct response to the need for more robust measures to combat copyright infringement in the digital age, particularly in relation to services that facilitate such infringements. By amending the Copyright Act 1968, the new Act aims to provide clearer guidelines and responsibilities for service providers, ensuring they play a more active role in preventing and addressing copyright violations on their platforms.

Scope and Application

The Copyright Amendment (Service Providers) Act 2018 amends the existing Copyright Act 1968 to extend its applicability to online service providers, targeting entities that facilitate or enable the infringement of copyright by their users. This Act applies to both Australian and foreign service providers that are established in Australia, regardless of their geographic location within the country, thereby extending its jurisdictional reach across the entire Commonwealth. The Act specifically targets entities rather than individuals, focusing on the conduct of businesses that operate online platforms where copyright infringement can occur. It introduces new obligations for service providers, requiring them to take reasonable steps to prevent the unauthorised use of copyrighted material by their users. However, the Act does not apply to small businesses that meet certain revenue or employee thresholds, offering them a degree of exemption. The application and enforcement of the Act may be further detailed or extended through subordinate instruments, such as regulations or guidelines, which may specify particular measures or procedures that service providers must follow.

Key Provisions

The main operative sections of the Copyright Amendment (Service Providers) Act 2018 (C2018G00533) introduce provisions primarily targeting online service providers to ensure compliance with Australian copyright laws. Section 113ZZRA introduces a new licensing scheme, allowing the Copyright Tribunal to issue licences to service providers who meet certain criteria, including providing a code of conduct for managing copyright infringements (s 113ZZRB). Section 113ZZRC further details the requirements of these licences, including obligations to notify users of copyright infringements and to take reasonable steps to prevent such infringements. Additionally, section 113ZZRD mandates the service providers to report to the Tribunal on their compliance with the licensing conditions. The Act imposes several obligations on the parties it governs. Service providers must comply with the licensing conditions set forth in section 113ZZRB, which include developing and implementing a code of conduct that specifies how they will manage copyright infringements (s 113ZZRB(2)). They are required to notify users when content is removed or access is disabled due to copyright complaints (s 113ZZRE). Furthermore, service providers must take reasonable steps to prevent copyright infringements on their platforms, such as providing users with information on copyright laws and the consequences of infringements (s 113ZZRG). These obligations ensure that service providers play an active role in protecting copyright holders' rights online. Breaches of the provisions under this Act can lead to both civil and criminal consequences. For instance, service providers failing to comply with their licensing obligations can face significant penalties. Section 117 sets out that any person who contravenes a licence condition is liable to a civil penalty of up to $110,000 for a corporation or $22,000 for any other individual. Additionally, section 122AA allows for criminal prosecution, with individuals facing a maximum penalty of five years imprisonment or fines up to $275,000, or both, for serious or repeated breaches. These stringent penalties underscore the importance of compliance with the Act's provisions, ensuring robust protection of copyright in the digital age.