Australian Digital Alliance
Encyclopedia
The Australian Digital Alliance (ADA) is an Australia
n non-profit coalition of public and private sector interests, formed to promote balanced copyright law by providing a voice for the public interest perspective in debates about copyright change and reform. The ADA engages with government through submissions, lobbying, and media activities.
The ADA works closely with its sister organisation, the Australian Libraries Copyright Committee (ALCC). The ALCC is the main consultative body and policy forum for the discussion of copyright issues affecting Australian libraries. It develops policy and advocates action appropriate for the role of libraries as information providers and preservers in Australia. The two bodies share a copyright adviser, and generally make joint submissions to government.
sued IceTV
for copyright infringement after IceTV used parts of Nine Network’s programme schedules for its electronic program guide. The case raised questions about the threshold of the originality requirement for copyright, and the nature of the protection for compilations (collections of facts) in Australia.
The ADA was granted leave by the High Court of Australia
to intervene as a friend of the court
. The ADA’s submissions outlined the importance of public interest considerations and the implications that this case could have on copyright users.
The High Court found in favour of IceTV, with the joint judgment of Gummow
, Hayne
and Heydon
making reference to the ADA’s submissions. The High Court recognised the importance of maintaining a robust public domain which allows people and organisations to use, re-use and build on materials to produce innovative new works.
(section 200AB). The handbook outlines how the provision operates and provides examples to assist libraries, archives, galleries and educational institutions to take advantage of the provision and use copyright materials.
The formal launch of the handbook was attended by ADA members, senior public servants, and other copyright figures. The Flexible Dealing Handbook is available for free download under Creative Commons
license.
(ACTA). The ADA encouraged greater transparency by the Department of Foreign Affairs and Trade
(DFAT) regarding the progress of its negotiations.
The ADA formed a coalition with other concerned organisations including Choice, the Australian Library and Information Association
, and the Internet Industry Association. The coalition was involved in a number of government meetings, and submitted a joint statement of principles for ACTA negotiations to DFAT.
The submission agreed that reducing counterfeiting is important where it endangers consumer health or safety, or constitutes commercial scale infringement. However, the coalition urged that pursuit of that goal should not threaten legitimate commercial, social, innovative and creative activities, the rights of consumers or the free flow of information. The coalition noted the current proposed treaty raised concerns with respect to transparency, increased customs search powers, increased penalties for IP infringement, and lack of due process.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n non-profit coalition of public and private sector interests, formed to promote balanced copyright law by providing a voice for the public interest perspective in debates about copyright change and reform. The ADA engages with government through submissions, lobbying, and media activities.
The ADA works closely with its sister organisation, the Australian Libraries Copyright Committee (ALCC). The ALCC is the main consultative body and policy forum for the discussion of copyright issues affecting Australian libraries. It develops policy and advocates action appropriate for the role of libraries as information providers and preservers in Australia. The two bodies share a copyright adviser, and generally make joint submissions to government.
IceTV and Nine Network
The Nine NetworkNine Network
The Nine Network , is an Australian television network with headquarters based in Willoughby, a suburb located on the North Shore of Sydney. For 50 years since television's inception in Australia, between 1956 and 2006, it was the most watched television network in Australia...
sued IceTV
Icetv
IceTV is an award winning Australian company providing an independently compiled Electronic Program Guide for digital free-to-air television. IceTV provides series recording, keyword recording and advanced searching for compatible devices...
for copyright infringement after IceTV used parts of Nine Network’s programme schedules for its electronic program guide. The case raised questions about the threshold of the originality requirement for copyright, and the nature of the protection for compilations (collections of facts) in Australia.
The ADA was granted leave by the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
to intervene as a friend of the court
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
. The ADA’s submissions outlined the importance of public interest considerations and the implications that this case could have on copyright users.
The High Court found in favour of IceTV, with the joint judgment of Gummow
William Gummow
William Montague Charles Gummow AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:...
, Hayne
Kenneth Hayne
Kenneth Madison Hayne AC is a Justice of the High Court of Australia which is the highest court in the Australian court hierarchy.-Education and professional life:...
and Heydon
Dyson Heydon
John Dyson Heydon AC QC is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Education:...
making reference to the ADA’s submissions. The High Court recognised the importance of maintaining a robust public domain which allows people and organisations to use, re-use and build on materials to produce innovative new works.
A User’s Guide to the Flexible Dealing Provision
Together with the ALCC, the ADA produced a handbook on the new flexible dealing provision of the Copyright ActAustralian copyright law
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968 , which applies the national law throughout Australia...
(section 200AB). The handbook outlines how the provision operates and provides examples to assist libraries, archives, galleries and educational institutions to take advantage of the provision and use copyright materials.
The formal launch of the handbook was attended by ADA members, senior public servants, and other copyright figures. The Flexible Dealing Handbook is available for free download under Creative Commons
Creative Commons
Creative Commons is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons...
license.
Anti-Counterfeiting Trade Agreement
Significantly increased intermediary responsibility, among other things, is currently the subject of negotiations in the proposed Anti-Counterfeiting Trade AgreementAnti-Counterfeiting Trade Agreement
The Anti-Counterfeiting Trade Agreement is a proposed plurilateral agreement for the purpose of establishing international standards on intellectual property rights enforcement...
(ACTA). The ADA encouraged greater transparency by the Department of Foreign Affairs and Trade
Department of Foreign Affairs and Trade (Australia)
The Department of Foreign Affairs and Trade is a department of the government of Australia charged with advancing the interests of Australia and its citizens internationally...
(DFAT) regarding the progress of its negotiations.
The ADA formed a coalition with other concerned organisations including Choice, the Australian Library and Information Association
Australian Library and Information Association
The Australian Library and Information Association is the peak professional organisation for the Australian library and information services sector....
, and the Internet Industry Association. The coalition was involved in a number of government meetings, and submitted a joint statement of principles for ACTA negotiations to DFAT.
The submission agreed that reducing counterfeiting is important where it endangers consumer health or safety, or constitutes commercial scale infringement. However, the coalition urged that pursuit of that goal should not threaten legitimate commercial, social, innovative and creative activities, the rights of consumers or the free flow of information. The coalition noted the current proposed treaty raised concerns with respect to transparency, increased customs search powers, increased penalties for IP infringement, and lack of due process.