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An Economic Analysis of Copyright Reform

Office of Regulation Review submission

This submission was released in November 1995. This submission to the Copyright Law Review Committee comments on the review of the Copyright Act (Cth) 1968.

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Contents

Preliminaries
Cover, Copyright, Preface, Contents, Abbreviations

Overview
Rapid technological change is putting pressure on copyright to adapt
Proposals for change
The ORR’s approach to copyright reform
Strengthening copyright can only be justified if there are insufficient incentives for authors and producers
The costs of copyright extension appear to outweigh the benefits
If required, how should the CLRC implement increased copyright protection?
Authors are already seeking increased protection through non-proprietary means
Summing up

1   Introduction

2   The Basics Of Copyright Law

3   Economic Analysis of the Market for the Expression of Ideas
3.1   A potential market failure
      3.1.1   Copyright as a response to market failure
      3.1.2   Reassessing the existence of market failure
3.2   The ORR’s framework for an economic analysis of copyright reform
Multimedia
Works in digital form
Assistance to producers

4   The Simplification of Copyright
4.1   What is simplification, and for whom is the Copyright Act being simplified?
4.2   What does economic theory suggest about simplification?
4.3   Simplification of the rights attaching to copyright
4.4   Simplifying the subject matter of copyright
      4.4.1   Problems associated with the traditional subject matter of copyright — the case of multimedia
            Does the law protect multimedia works?
            If multimedia works are not protected, should they be?
      4.4.2   Copyright’s historical focus on specific subject matters
      4.4.3   Getting the subject matter of copyright correct

5   The New International Dimension of Copyright

6   The Growth in Non-proprietary Means of Protection
6.1   Contractual arrangements
      6.1.1   Contracts of adhesion
      6.1.2   Intellectual property tie-ins
6.2   Technical solutions
      6.2.1   Controlling access
            Encryption
            Rendering or viewing software
      6.2.2   Controlling use
      6.2.3   Monitoring use

Appendix A   An Outline of Copyright’s Historical Basis

Appendix B   A Possible Constitutional Restraint on the Abolition of Copyright

Bibliography

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