The provisions in the Copyright Act dealing with authorisation of infringement by others (which cover the liability of internet service providers for infringement by their customers) have, since 2001, required a court to take into account “whether the person complied with any relevant industry code of practice”. In addition, the “safe harbour” provisions, introduced in 2005, limit the liability of Carriage Service Providers who meet certain conditions. These conditions include complying with a relevant industry code if such a code is in force.

To date, a code has not been developed. In May 2005, the Internet Industry Association (IIA) announced that it was finalising its Copyright Code, which would “provide guidance to industry and Australian courts on matters relating to so-called ‘authorisation liability’, or the liability of carriage service providers resulting from the acts of their customers”. The Code has not, however, been finalised.

In November 2008, a group of film producers commenced copyright infringement proceedings against iiNet, an internet service provider, for infringements of copyright by its customers. The case is due to be heard later this year.

In early 2009, the Department for Broadband, Communications and the Digital Economy (DBCDE) released its "Digital Economy Future Directions Consultation Paper', which sought submissions on a range of issues including ISP liability for infringements by its customers.

Speakers

• Brett Cottle: CEO, Australasian Performing Right Association; chairman, International Confederation of Societies of Authors and Composers
• Michael Green: founder, BarNetwork Pty Ltd; barrister
• Michael Gordon Smith, Screen Australia (formerly Member, Australian Communications and Media Authority)
• Chair: Troy Gurnett, Middletons Lawyers

When: 1 July 2009, 5:30pm presentation, followed by drinks at about 7:30pm (registration from 5:00pm)

Where: Middletons Lawyers, Level 26, 52 Martin Place, Sydney

Cost: $45 (members of CSA); $70 (non-members); $10 (full-time students) (prices include GST)

How to book:

• book online at the Copyright Council's online shop, or
• download a booking form, or
• email us.