Footnotes

[1] Explanatory Memorandum, p. 2.

[2] Explanatory Memorandum, p. 7.

[3] para 22(4)(b).

[4] Explanatory Memorandum, p. 4.

[5] Explanatory Memorandum, p. 4.

[6] Explanatory Memorandum, p. 4.

[7] Explanatory Memorandum, p. 4.

[8] Explanatory Memorandum, p. 4.

[9] Explanatory Memorandum, p. 4.

[10] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 17 March 2005, p. 1.

[11] For explanations and impact analyses of each of these options, see Explanatory Memorandum, pp 8-21.

[12] Explanatory Memorandum, p. 24.

[13] Explanatory Memorandum, p. 24.

[14] Explanatory Memorandum, p. 24.

[15] Para 24(4)(b) provides that 'the maker of the cinematograph film is the person by whom the arrangements necessary for the making of the film were undertaken.' As explained above, this is usually the producer of the film. See para 2.5 of this report.

[16] Explanatory Memorandum, p. 25.

[17] Explanatory Memorandum, p. 25.

[18] Explanatory Memorandum, p. 25.

[19] Submission 6, p. 2.

[20] Submission 3, p. 4.

[21] Ms Robyn Ayres, Executive Director, ALCA, Committee Hansard, 8 July 2005, p. 23.

[22] Submission 6, p. 2.

[23] Submission 6, p. 2. A representative from the Department explained that the Bill will strengthen directors' case 'for getting real dollars from the European remuneration schemes to which they presently do not have access to because of no reciprocal opportunity for directors of those countries to get remuneration for retransmission of broadcasts of their films in Australia.' See Committee Hansard, 8 July 2005, p. 29.

[24] Committee Hansard, 8 July 2005, p. 28.

[25] Committee Hansard, 8 July 2005, p. 29.

[26] See, for example, ASDA, Submission 6, p. 3; ALCA, Submission 5, p. 2; Law Council of Australia, Submission 9, p. 1.

[27] Viscopy, Submission 1, p. 4.

[28] For example, see Australian Copyright Council, Submission 2, p. 3; ASDA, Submission 6, p. 5.

[29] Submission 6, p. 6.

[30] Submission 3, p. 31.

[31] Committee Hansard, 8 July 2005, pp 23-24.

[32] Submission 6, p. 2.

[33] Committee Hansard, 8 July 2005, p. 12.

[34] Committee Hansard, 8 July 2005, p. 12.

[35] See Explanatory Memorandum, pp 8-21.

[36] See Explanatory Memorandum, pp 8-21.

[37] Submission 6, p. 4.

[38] Submission 3, p. 31.

[39] Submission 3, p. 32.

[40] Committee Hansard, 8 July 2005, p. 18.

[41] Submission 3, p. 32.

[42] Committee Hansard, 8 July 2005, p. 23.

[43] Mr Stephen Marriott, SPAA, Committee Hansard, 8 July 2005, p. 1.

[44] Submission 11, p. 1.

[45] Submission 4, p. 1.

[46] Submission 4, p. 1.

[47] Mr Geoffrey Brown, SPAA, Committee Hansard, 8 July 2005, p. 5.

[48] See, for example, Mr Stephen Marriott, SPAA, Committee Hansard, 8 July 2005, p. 2.

[49] Submission 4, p. 7.

[50] Committee Hansard, 8 July 2005, p. 2.

[51] Committee Hansard, 8 July 2005, p. 2.

[52] Committee Hansard, 8 July 2005, p. 2.

[53] Committee Hansard, 8 July 2005, pp 13-14.

[54] Committee Hansard, 8 July 2005, pp 26-27.

[55] Committee Hansard, 8 July 2005, p. 27.

[56] Committee Hansard, 8 July 2005, p. 2.

[57] Committee Hansard, 8 July 2005, p. 1.

[58] Committee Hansard, 8 July 2005, p. 7.

[59] Committee Hansard, 8 July 2005, pp 2-3.

[60] Committee Hansard, 8 July 2005, p. 4.

[61] Committee Hansard, 8 July 2005, p. 28.

[62] Committee Hansard, 8 July 2005, p. 28.

[63] Submission 11, p. 2.

[64] Submission 11A, p. 2.

[65] Committee Hansard, 8 July 2005, p. 6.

[66] Committee Hansard, 8 July 2005, p. 7.

[67] Committee Hansard, 8 July 2005, p. 7.

[68] Committee Hansard, 8 July 2005, p. 6.

[69] Committee Hansard, 8 July 2005, p. 21.

[70] Committee Hansard, 8 July 2005, p, 7.

[71] Submission 11A, p. 1.

[72] Submission 4, p. 1.

[73] Submission 11, p. 4.

[74] Committee Hansard, 8 July 2005, p. 6.

[75] Submission 3, p. 4.

[76] Committee Hansard, 8 July 2005, p. 26.

[77] Committee Hansard, 8 July 2005, p. 26.

[78] Committee Hansard, 8 July 2005, p. 27.

[79] Committee Hansard, 8 July 2005, p. 14.

[80] See para 2.22 above and proposed subsection 98(4) of the Bill.

[81] Mr Geoffrey Brown, SPAA, Committee Hansard, 8 July 2005, p. 4.

[82] See, for example, ASDA, Submission 6, p. 8; Australian Film Commission, Submission 10, p. 1.

[83] See, for example, Australian Copyright Council, Submission 2, p. 4; ALCA, Submission 5, p. 2; ASDA, Submission 6, p. 8. It is possible under current copyright law for the maker of a film to retain copyright in a commissioned film. The Bill would deny directors that opportunity under the retransmission scheme, even though, in practice, directors will ordinarily assign to producers any copyright they are entitled to in relation to a commissioned film.

[84] Committee Hansard, 8 July 2005, p. 24.

[85] Committee Hansard, 8 July 2005, p. 19.

[86] Committee Hansard, 8 July 2005, p. 26.

[87] Committee Hansard, 8 July 2005, p. 29.

[88] See further Submission 8, pp 1-2.

[89] Submission 8, pp 3 & 4.

[90] For example, see Dr Matthew Rimmer, Submission 3, p. 33.

[91] Committee Hansard, 8 July 2005, p. 18.

[92] Committee Hansard, 8 July 2005, p. 18.

[93] Committee Hansard, 8 July 2005, p. 20.

[94] Committee Hansard, 8 July 2005, p. 24.

[95] The committee notes that the ALCA does not advocate remodelling the Copyright Act in its entirety to reflect the position in the European Union. See Committee Hansard, 8 July 2005, p. 25.

[96] Committee Hansard, 8 July 2005, p. 24.

[97] Committee Hansard, 8 July 2005, p. 25.

[98] Ms Kimberlee Weatherall, Submission 8, p. 5.

[99] Committee Hansard, 8 July 2005, p. 24.

[100] Committee Hansard, 8 July 2005, p. 20.

[101] Submission 11A, p. 2.

[102] Committee Hansard, 8 July 2005, p. 26.

[103] Committee Hansard, 8 July 2005, p. 29.

[104] Committee Hansard, 8 July 2005, p. 30.

[105] Committee Hansard, 8 July 2005, p. 30.

[106] In response to a question taken on notice at the hearing relating to whether the AWG had made any representations to the Federal Government on the issue of directors' copyright in 2001, Ms Megan Elliott informed the committee that she was not employed by the AWG during the 2001 federal election but is 'certain that [her] predecessor knew of the Government's election policy'. She stated that she could 'find no record of any submissions made to Government by [her] predecessor after the 2001 election regarding Directors Copyright': Submission 11B, p. 1.