The ACCC has an ongoing interest in intellectual property issues and on copyright more specifically. This interest arises from a number of sources, including the intersection of competition policy and intellectual property policy and from provisions in the Competition and Consumer Act 2010 and the Copyright Act 1968.
While it is largely accepted that the individual grant of copyright or intellectual property rights will rarely cause competition concerns, the ACCC is aware that there may be instances where intellectual property rights may confer market power.
|ALRC review of copyright & the digital economy||Communications||Information paper||
In 2012 the Australian Law Reform Commission (ALRC) was requested by the then Attorney General, the Hon Nicola Roxon MP, to conduct an inquiry into and report on current and further desirable uses of copyright material in the digital economy.
The review considered whether existing exceptions and statutory licenses in the Copyright Act 1968 are adequate and appropriate in the digital environment and whether further exceptions should be recommended.
The ALRC’s final report was provided to the Attorney-General on 30 November 2013.
In November 2006 the ACCC released draft copyright guidelines to assist the Copyright Tribunal in the determination of copyright remuneration. Public submissions were due by 31 January 2007.
The ACCC was subsequently made a party to two Copyright Tribunal matters, and decided not to release another version of the guidelines until it had had the opportunity to review the original guidelines in light of the proceedings and the submissions received.
The ACCC is currently drafting revised guidelines.