Further FTA amendments passed

TheCopyright Legislation Amendment Act 2004 was passed on 7 December 2004. The Amendment Act makes some amendments to the changes to the Copyright Act by the US Free Trade Amendment Implementation Act, which is due to come into effect on 1 January 2005, and to the US Free Trade Amendment Implementation Act itself.

The new amendments include changes to:

• the defences in ss43B and 11B, which allow the making of temporary reproductions in certain cases
• the requirements for the "safe harbour" provisions for Carriage Service Providers
• some minor changes to the performers' rights provisions
• the phrase "by way of trade AND with the intention of obtaining a commercial advantage or profit" - changed in each case to "by way of trade OR with the intention of obtaining a commercial advantage or profit" * use of encoded broadcasts accessed without authorisation
• changes to the compensation provisions for use of material which would have been in the public domain but for the FTA amendments.