Covid and Copyright: protecting artists in the wake of the pandemic

3 minute read  06.12.2022 Annie Watts, Zeina Milicevic

The Federal Government is shining the spotlight on the rights of artists in the wake of the pandemic, recently announcing it will undertake a review into the current copyright enforcement regime to ensure it effectively protects the works of creators from unauthorised use.


Key takeouts


  • The Federal Government is undertaking a further review of Australia's copyright laws, and in particular the current copyright enforcement regime, to ensure it protects artists and other creators from unauthorised use of their works.
  • The review indicates a shift in focus from the users who require access to digital content, to the artists who created that content.
  • An issues paper will soon be released, followed by a public consultation period, to assist the Government in understanding whether the current system is sufficiently robust.

At the beginning of 2022, the then Federal Government had proposed a suite of amendments to Australia's copyright laws to better support the needs of Australian users accessing content in the digital environment. Those proposed amendments were released as part of an Exposure Draft of the Copyright Amendment (Access Reform) Bill, and sought to provide clarity and more certainty around the use of copyright material in teaching, research and government sectors.

Following a change in Government, the Copyright Amendment (Access Reform) Bill appears to have been put to one side, with the Attorney-General's Department announcing on 24 November 2022 that there will be a renewed focus on Australia's current copyright enforcement regime and whether it provides sufficient protection for artists.

In the announcement, the Attorney-General hints that this shift in focus is a result of the combination of the Covid-19 pandemic and the digital age:

  • the pandemic saw artists unable to perform live for an extended period of time, leading to royalty payments becoming a lifeline; and
  • in the current digital landscape, artists' content (e.g. music, art, books) can be increasingly accessed online with ease and without authorisation.

The review aims to ensure that there is a robust copyright system with effective, appropriate and proportionate enforcement mechanisms, and that the creative industry is sufficiently protected from copyright infringement and able to earn a living from their creative works.

The review will begin with the release of an issues paper this month, followed by a public consultation process that will be open for a period of 12 weeks.

The consultation seeks input from artists as well as those who deal with copyright matters daily.

Link to the full media release: Protecting Australian artists | Our ministers – Attorney-General’s portfolio (ag.gov.au)

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https://www.minterellison.com/articles/covid-and-copyright-protecting-artists-in-the-wake-of-the-pandemic