WC66 Online Copyright Infringement: Terms of Reference The WC66 : Online Copyright Infringement Working Committee has been established to perform an area of work identified by the letter to industry leaders from the Minister for Communications and the Attorney General. This Committee in carrying out the specific terms below is to observe the following guidelines, as appropriate: to ensure that if the Code is to be registered with ACMA that it comply with Part 6 of the Telecommunications Act 1997 and the ACMA “Developing Telecommunications Codes for registration – a Guide” including the identification of: the sections of the industry that are to be covered by the Code, as per s.110 of the Act; and the telecommunications activities to be covered by the Code, as per s.109 of the Act. Specifically the Working Committee is to develop C653:2015 Online Copyright Infringement Code to meet the following objectives: that ISPs take reasonable steps (including the development of an education and warning notice scheme) to deter online copyright infringement on their network, when they are made aware of infringing subscribers, in a manner that is proportionate to the infringement. informing consumers of the implications of copyright infringement and legitimate alternatives that provide affordable and timely content providing appropriate safeguards for consumers fairly apportioning costs as between ISPs and rights holders ensuring smaller ISPs are not unfairly or disproportionately affected include a process for facilitated discovery to assist rights holders in taking direct copyright infringement action against a subscriber after an agreed number of notices is sustainable and technology neutral is educative and attempts to address the reasons that people are accessing unauthorised content gives genuine consideration to consumer interests The Working Committee is not to: propose that any punitive, ISP-imposed sanctions be included in the Code Primary deliverables A new Code which will be aimed at reducing levels of online copyright infringement
WC66 Online Copyright Infringement: Terms of Reference The WC66 : Online Copyright Infringement Working Committee has been established to perform an area of work identified by the letter to industry leaders from the Minister for Communications and the Attorney General. This Committee in carrying out the specific terms below is to observe the following guidelines, as appropriate: to ensure that if the Code is to be registered with ACMA that it comply with Part 6 of the Telecommunications Act 1997 and the ACMA “Developing Telecommunications Codes for registration – a Guide” including the identification of: the sections of the industry that are to be covered by the Code, as per s.110 of the Act; and the telecommunications activities to be covered by the Code, as per s.109 of the Act. Specifically the Working Committee is to develop C653:2015 Online Copyright Infringement Code to meet the following objectives: that ISPs take reasonable steps (including the development of an education and warning notice scheme) to deter online copyright infringement on their network, when they are made aware of infringing subscribers, in a manner that is proportionate to the infringement. informing consumers of the implications of copyright infringement and legitimate alternatives that provide affordable and timely content providing appropriate safeguards for consumers fairly apportioning costs as between ISPs and rights holders ensuring smaller ISPs are not unfairly or disproportionately affected include a process for facilitated discovery to assist rights holders in taking direct copyright infringement action against a subscriber after an agreed number of notices is sustainable and technology neutral is educative and attempts to address the reasons that people are accessing unauthorised content gives genuine consideration to consumer interests The Working Committee is not to: propose that any punitive, ISP-imposed sanctions be included in the Code Primary deliverables A new Code which will be aimed at reducing levels of online copyright infringement
WC66-Online-Copyright-Infringement-ToR.docx