Artist managers call on government to address safe harbour issues

The Association of Artist Managers (AAM) in Australia is urging the Federal Government to reconsider making changes to the current safe harbour scheme affecting copyright holders.

In a statement released by the AAM, the group has proposed a number of “alternative amendments” to the scheme that will increase copyright holder protection and promote fair remuneration, while declaring safe harbour as the “immediate battleground” for the creative industry.

“The Australian creative industries are at a crossroads,” the statement reads. “The digital age is in full swing but our legislation to protect copyright owners is lagging far behind.”

Safe harbour was introduced in Australia to protect internet service providers (ISPs) such as Telstra, Optus and iinet. If there is a copyright infringement, the ISP is not held liable for the infringement if they promptly remove the infringing material.

However, the costs associated with monitoring and keeping tabs on content has been deemed unfair to rights holders, with many opting to sign license deals at a value that is below standard market rate.

Recently, a report filed by the Productivity Commission informed the Federal Government that safe harbour should be extended to all digital services. This proposed extension would apply to companies such as YouTube allowing them to exploit music while avoiding normal commercial licensing negotiations.

The statement goes on to say: “For these reasons, the AAM is calling on Government to: Drop Schedule 2 from the Copyright Amendment Bill 2015 and engage with the music community to ensure that we end up with a safe harbour scheme which works for Australian creators as well as the global technology firms.”

The current situation in Australia reflects that in the US. Record labels, publishers, managers, creative organisations and unions are in the process of fighting Congress to amend the Digital Millennium Copyright Act (DMCA) passed in 1998. The act has been described as “outdated” and “unfit for its purpose.”

Thousands of artists, including Katy Perry and Christina Aguilera, have also demanded changes to DMCA exploitation, signing a petition to the Copyright Office to revise the legislation.

Accordingly, the AAM claims the proposed safe harbour reform in Australia mirrors the characteristics of regulatory inadequacy offered by the DMCA, presenting no solution to the issue, but rather, exacerbating the problem further.

Europe is one step ahead. The EU has already come to the conclusion that safe harbours are unfair and damaging to copyright holders and is working towards the creation of a more suitable scheme that accommodates both internet providers and creators.