Comments of Senator Cooney

Copyright Amendment Bill (No.2) 1997

Comments of Senator Cooney

Economics is an essential discipline and great respect is to be accorded to those who practice it well. During the Committee's enquiry into the Copyright Amendment Bill (No.2) 1997 a number of good economists advised it be given passage. They said this would lead to Australia having cheaper C.D.s and a healthier musical industry. The principles of economics ensured this would happen were parallel importation allowed.

Witnesses who explained the workings of economic principles to the Committee did so with great conviction. Great weight ought be attached to their views about markets, competition, and efficiency.

Other witnesses told the Committee that parallel importation would lead to Australia's musical life becoming much the poorer. This would markedly prejudice the Nation's culture and its ability to identify its values to itself and the World at large. These witnesses said that the making of music in Australia earned the Country great renown and considerable income; but it was a delicate phenomenon vulnerable to the powerful onslaught parallel importation would bring.

These witnesses were ample and spoke with much authority. They included artists, managers, publishers, record makers and small retailers, people who were central to the health of Australian musical life. They told of what they knew first hand.

The testimony of the witnesses who based their analysis on economic principles must be balanced against that of those who relied on personal experience for what they told the Committee. This needs be done because the economists by and large were strongly in favour of the bill while the artists the managers, the publishers, the record makers and the small retailers who spoke to the committee were against it.

Committee hearings are not judicial enquiries: nor should they act as such. But they do call and examine witnesses and great weight ought be attached to the testimony they give. Economic theory is like legal principles. Their worth must be tested against how well they provide an answer to the true facts of a situation. First hand evidence of what actually happens in the musical life of Australia and the likely impact of lawful parallel importation on that is firmly against a change in the law. That evidence should not be discounted because it does not accord with the tenets of economists. The best law is that made on the basis of facts. These should not be skewed to fit a set of beliefs.

In keeping with the direct evidence given in this Enquiry the Copyright Amendment Bill (No2) 1997 ought be rejected.