available and knock the stuffing out of the original investor. And the author's royalties at the same time. MR WHITE: To expand on that, the issue is that again there is no modelling about what will happen to the market for author rights. We are interfering with a successful industry where we export content. If we remove territorial copyright what is the natural consequence that will happen on the ability of publishers and authors to sell their rights at Frankfurt, London or the New York Book fair? Will they achieve the same market price? I wonder. Will they want to, because they are concerned that they may not be able to sustain the book in the very market they are in. There is also, it seems to me, an oxymoron in the way that the recommendations are put forward. If the author or the originator of content - if you create a book in Australia under your recommendations, if they're adopted, will have this unique consequence that they will be able to sell, arguably, a more enforceable right to a third party over their own work than they will have themselves in their own market. That is, if they sell and English language edition to the UK, the UK can assert territorial copyright against the world at large for that edition in that market. They can then dump it back into our market. Our Australian author has no such protection. They effectively are somehow managing to sell a bigger, larger property right than they themselves actually own at the time that the book is created, if these recommendations apply through. MR COPPEL: I think we have run out of time. We could certainly continue, because it has raised many issues - - - MR WHITE: Well, can I say, we would welcome any opportunity to sit at the table with your and discuss this, because we think this is a crucial issue for our industry. We recognise that these are complex issues and that you have a very large and very complex report to deal with where this is only a small part of it, but we would welcome any opportunity to sit down and if there are going to be further considerations, Joel and I pretty much - and I am sure Mark would be available too. MR BECKER: We would be very happy to be part of an industry roundtable. MR COPPEL: Okay. Thank you very much, Joel, Tim and Mark, and also thank you for your submission on the post-draft report. MR WHITE: Thank you.
available and knock the stuffing out of the original investor. And the author's royalties at the same time. MR WHITE: To expand on that, the issue is that again there is no modelling about what will happen to the market for author rights. We are interfering with a successful industry where we export content. If we remove territorial copyright what is the natural consequence that will happen on the ability of publishers and authors to sell their rights at Frankfurt, London or the New York Book fair? Will they achieve the same market price? I wonder. Will they want to, because they are concerned that they may not be able to sustain the book in the very market they are in. There is also, it seems to me, an oxymoron in the way that the recommendations are put forward. If the author or the originator of content - if you create a book in Australia under your recommendations, if they're adopted, will have this unique consequence that they will be able to sell, arguably, a more enforceable right to a third party over their own work than they will have themselves in their own market. That is, if they sell and English language edition to the UK, the UK can assert territorial copyright against the world at large for that edition in that market. They can then dump it back into our market. Our Australian author has no such protection. They effectively are somehow managing to sell a bigger, larger property right than they themselves actually own at the time that the book is created, if these recommendations apply through. MR COPPEL: I think we have run out of time. We could certainly continue, because it has raised many issues - - - MR WHITE: Well, can I say, we would welcome any opportunity to sit at the table with your and discuss this, because we think this is a crucial issue for our industry. We recognise that these are complex issues and that you have a very large and very complex report to deal with where this is only a small part of it, but we would welcome any opportunity to sit down and if there are going to be further considerations, Joel and I pretty much - and I am sure Mark would be available too. MR BECKER: We would be very happy to be part of an industry roundtable. MR COPPEL: Okay. Thank you very much, Joel, Tim and Mark, and also thank you for your submission on the post-draft report. MR WHITE: Thank you.
20160624-melbourne-intellectual-property.docx