Reviewing the Code of Conduct for Copyright Collecting Societies

In August 2017, the Government announced its response to the Productivity Commission’s Inquiry Report into Intellectual Property Arrangements and stated that a review would be undertaken on the Code of Conduct for Copyright Collecting Societies (the Code).

We released a discussion paper to commence the review on 25 August 2017 examining the role of the Code in promoting fair and efficient outcomes for both members and licensees of copyright collecting societies in Australia. This facilitated discussion to inform our review which is being undertaken in consultation with the Australian Competition and Consumer Commission to assess whether the Code is:

1. meeting its rationale and objectives, including promoting confidence and participation in the system, and mitigating any potential market power issues where these occur in relation to collecting societies
2. promoting transparency, accountability and good governance, including by examining whether the Code contains sufficient monitoring, review and dispute resolution mechanisms
3. representing best practice in comparison with other domestic and international codes and guidelines
4. assessing other matters deemed significant to the scope of the review through discussions with stakeholders.

We’ve now released a draft report outlining options for improving the Code for stakeholder feedback.

We intend to deliver a final report to government this year.

Relevant Documentation

Draft report: review of the Code of Conduct for Copyright Collecting Societies

Published 14th Feb 2018

Download PDF (1.27 MB) Download DOC (496.42 KB)

A report of the review of the Code of Conduct for Copyright Collecting Societies, outlining review findings, draft recommendations and questions for stakeholder feedback.

Terms of Reference for the review into the efficacy of the Code of Conduct for Australian Copyright Collecting Societies

Published 14th Feb 2018

Download PDF (470.2 KB) Download DOC (309.37 KB)

The Terms of Reference state the scope, process and governance arrangements that underpin the review.

Code of Conduct for Australian Copyright Collecting Societies

Published 14th Feb 2018

Download PDF (165.82 KB) Download DOC (70.85 KB)

The current Code of Conduct for Collecting Societies in Australia outlines the voluntary standards of service that members and licensees can expect from Australian collecting societies. This document is sourced from the Screenrights website at https://www.screenrights.org/about-us/governance/code-of-conduct , as maintained by the Code of Conduct Review Secretariat. This document has not been produced by us and may not meet WCAG 2.0 Level AA requirements. Please contact us at codereview@communications.gov.au to obtain an alternative copy.

2017 Code of Conduct – Explanatory Memorandum

Published 14th Feb 2018

Download PDF (47.42 KB) Download DOC (17.17 KB)

The 2017 Explanatory Memorandum clarifies the difference between ‘complaints’ and ‘disputes’ where those terms are used in the Code. This document is sourced from the Screenrights website at https://www.screenrights.org/about-us/governance/code-of-conduct ,as maintained by the Code of Conduct Review Secretariat. This document has not been produced by us and may not meet WCAG 2.0 Level AA requirements. Please contact us at codereview@communications.gov.au to obtain an alternative copy.

The review examined the extent to which the Code remains the best mechanism to promote efficient, effective and transparent administration of copyright licences, and supports overall confidence in Australia’s collective copyright management system. The recommendations outlined in this report seek to:

• increase clarity around the role of the Code
• improve transparency around collecting societies’ operations
• strengthen governance arrangements for collecting societies and the Code.

Final Report