TITLE PAGE
EPIGRAPH
ACKNOWLEDGEMENTS
FOREWORD
PREFACE
INTRODUCTION
AIM
METHOD
THE THESIS
NARRATIVE AND COUNTER-NARRATIVE
PUBLIC CHOICE THEORY
SOME THEORETICAL CONSIDERATIONS
CHAPTER 1 – AUSTRALIA’S FIRST ACT
THE BEGINNING
BEFORE FEDERATION
ORIGINS OF THE COPYRIGHT ACT 1905
IMPERIAL CONSIDERATIONS
THE PURPOSE OF THE LEGISLATION
STRUCTURE AND CONTENT OF THE COPYRIGHT ACT 1905
MODERN CONCEPTIONS SHUNNED
Mechanical reproduction
Compromise in Berlin
Maintaining the 19^th century nexus
MACAULAY AND THE COPYRIGHT TERM
The argument over perpetual copyright
Macaulay’s intervention
THE DEBATE OVER THE 1905 COPYRIGHT ACT
The posthumous term and publishers
The public interest vi
A BRIDGE TO THE MODERN
CHAPTER 2 – INTERNATIONAL DEVELOPMENTS
TRANSITION TO THE MODERN ERA
COPYRIGHT MODERNISM
THE BERLIN CONFERENCE OF 1908
The scope of authors’ rights
The fatal concession
THE GORRELL COMMITTEE
The mechanical reproduction right
Compulsory licence
The question of investment
Phonogram and performance copyright
The Committee’s compromise
Weaknesses of Committee’s reasoning
Monopoly and the claims of industry
THE IMPERIAL COPYRIGHT CONFERENCE
A quest for uniformity
Friendly and unanimous feeling
Lord Tennyson and the copyright term
RESOLUTIONS AND CONCLUSION
CHAPTER 3 – A NEW ERA AND NEW LEGISLATION
THE COPYRIGHT DEBATE IN BRITAIN, 1911–12
A public debate
The political background and focus of debate
Compulsory licence for musical works
Arguments in The Times
The publishers and the restrictions on term
Parliament supports the 25 year rule
Who benefits?
Compulsory deposit
Coleridge-Taylor and compulsory royalties
FAIR DEALING
Private and public interests vii
Public access
1912 PARLIAMENTARY DEBATE IN AUSTRALIA
The necessity for conformity
Import controls
Debate over the import monopoly
Dissent of John Keating
Double royalty and national interest
Publishers and the colonies
THE COPYRIGHT ACT 1912
CHAPTER 4 – THE BROADCASTING REVOLUTION AND PERFORMING RIGHTS
REVENUE COLLECTION
THE PUBLIC PERFORMANCE RIGHT
A legislative throwaway
A quiet revolutionary right
THE HISTORY OF RADIO BROADCASTING IN AUSTRALIA TO THE 1930s
The growth of wireless telegraphy and the onset of radio
The rise of AWA and developments in radio
The mixed broadcasting system
Growth and difficulties
The 1930s – pressure on the ABC
APRA AND THE WAR OVER THE PERFORMING RIGHT
Formation of APRA
APRA begins collecting
Concerns about APRA
Licence fees
Collecting strategy
The Commonwealth Radio Conference 1926
The Royal Commission on Wireless 1927
Preliminary government views
CHAPTER 5 – THE APRA WARS AND THE ROME CONFERENCE
THE BEGINNING OF THE APRA WARS
Compulsory arbitration viii
APRA and the cinemas
Inequity of APRA’s rates
A draft bill for a copyright tribunal and international protests
Response of local government
APRA’s conduct
Protest of local government – “The Copyright Levy”
“Legalised bushranging”
APRA responds and LGA proposes withdrawal from Berne Convention
The Brisbane Memorial Statement
Moving forward
THE ROME CONFERENCE 1928
Broadcasting and performance
Role of Australia and New Zealand
The antipodean consensus
Qualification of the broadcasting right
Position of Latham
The argument with France
Resolution
Moore and Raymond
Key role of Australia and New Zealand
CHAPTER 6 – THE RADIO WAR AND A NEW PERFORMING RIGHT
TWO PERFORMING RIGHTS
A fresh start
The radio ban
Groping towards a solution
INTERNATIONAL DEVELOPMENTS – BRITAIN AND CANADA
Britain
Canada
RECORD MANUFACTURERS AND THE MECHANICAL PERFORMING RIGHT
The radio ban
The decline in record sales ix
EMI and the war against radio
The claim for mechanical performing right
APRA’S OFFER TO THE ABC
APRA AND THE COMMERCIAL BROADCASTERS
CINEMA EXHIBITORS AND MUNICIPAL ASSOCIATIONS
Exhibitors
Local government
DECISION TO HOLD ROYAL COMMISSION
Political considerations
Importance of broadcasters
Anger in Parliament
CHAPTER 7 – PUBLIC INQUIRY AND ARGUMENTS OVER PERFORMING RIGHTS
THE ROYAL COMMISSION ON PERFORMING RIGHTS
The Commission
Breakdown of negotiations over radio ban
The gramophone companies lion
Position of the main parties
Outline of proceedings
The ABC
“A noisome weed”
The gramophone companies oppose a tribunal
Rationale for the radio ban – the mechanical performance right
Paying to listen
“A dragon, devastating the countryside”
APRA’s objections to the proposed tribunal and method of determining fees
The commercial radio stations
Support for APRA
Necessity for controls over performing right
Power to create a tribunal and nature of tribunal
APRA’s reporting obligations
Keating on the gramophone companies
The question of the public interest x
CHAPTER 8 – BEYOND AUTHORS’ RIGHTS
THE ROYAL COMMISSION REPORT
APRA and the performing right
Broadcasters
The record companies
The Tribunal
“Miscellaneous users of music”
Conclusions
THE GOVERNMENT’S RESPONSE
Voluntary arbitration
The formal Government response and Owen’s views
LATHAM’S LEGACY
RECOGNITION OF THE MECHANICAL PERFORMING RIGHT
Influence of Justice Maugham
The arguments in Cawardine
New insight
AFTER LATHAM
THE MENZIES YEARS
Policy quietism and APRA’s consolidation
Gramophone companies and commercial radio
A sullen peace
THE END OF AN ERA – THE DEBATE OVER APRA
Former Postmaster General speaks out against APRA
The call for a new Act and controls on APRA
Labor’s position
The Government defends itself
Reluctant support of Postmaster General
REASONS FOR GOVERNMENT INACTION
CHAPTER 9 – REFORM
THE 1950S: THE DRIVE FOR REFORM
Copyright committees
A new attitude
Weaknesses of the copyright committees
The copyright balance and the notion of public interest xi
The Brussels Conference
Neighbouring rights
George Bernard Shaw’s last sally
THE GOVERNMENT STIRS
THE PERFORMING RIGHT AND SPORT
THE GREGORY COMMITTEE
A philosophical transformation
The sports promoters
The music industry and performers
Manufacturers copyright and the mechanical performing right
Endorsement of the Brussels Conference amendments
Copyright in broadcasts
Copyright term
Fair dealing, publishers, libraries, Crown copyright and the Tribunal
CHAPTER 10 – A NEW BRITISH ACT AND THE SPICER COMMITTEE
AFTER THE GREGORY REPORT
The continuing battle over televised sport
Effect of the Gregory Report
THE SPICER COMMITTEE
A narrow inquiry
Conformism
Deficiencies of analysis
Compulsory licence
Mechanical Performing Right
Committee’s reasoning
Other findings
A copyright tribunal
DIFFERENCES IN APPROACH BETWEEN THE SPICER AND GREGORY COMMITTEES
CHAPTER 11 – THE ROAD TO THE NEW AUSTRALIAN COPYRIGHT ACT
THE 1960S
A long delay in implementation xii
The reasons for delay
Role of Nigel Bowen
Interest groups
THE 1967 COPYRIGHT BILL
Commissioned works, ephemeral recordings and the Tribunal
Performing right in records
The compulsory recording licence
The Government relents
Bowen and the import monopoly
THE DEBATES OF 1968
Labor’s stand
“Time and space”
The “little people”
Cultural nationalism
“God help the composer”
The question of dissemination
Importation and price competition
Performing right in records
The modern case for regulation
A new era
SUMMARY OF THE 1968 ACT
CHAPTER 12 – DEVELOPMENTS IN AUSTRALIA AFTER 1968
A NEW SUPREMACY
The changing world order
Domestic developments
THE PROBLEM OF PHOTOCOPYING
Reprography
First salvos over photocopying
International developments
Role of the ACC
THE THIRD WORLD AND COPYRIGHT ACCESS
A European convention
Special needs and special rights
Brazzaville xiii
Third World copyright rejected
COMMON LAW DEVELOPMENTS
ACC challenges university copying
Williams and Wilkins Co v United States
Implications
Copyright narcissism
Use demands recompense
THE FRANKI COMMITTEE
Questions of statutory licensing
Distributions
Record keeping
ACC proposals and the Committee’s conclusions
Committee’s orthodoxy
The right to photocopying remuneration
Justifying the photocopying royalty
The Committee’s recommendations
CHAPTER 13 – AFTER 1980: COLLECTING SOCIETIES AND SOFTWARE COPYRIGHT
AFTER THE FRANKI REPORT – THE 1980 AMENDMENTS
Release of the Franki Report
Statutory licence for educational copying
Users and the little people
Outcome of legislation
THE RISE OF CAL
The early days
Civil war
Tribunal proceedings
Valuation
Success of CAL
Digital and government copying
A setback
Revenue gains
The copyright gospel
A reversal for CAL and possible consequences xiv
THE COPYRIGHT COLLECTING SOCIETIES
The question of distributions
Sources of income
COPYRIGHT IN SOFTWARE
A new imperium
The United States recognises copyright in software
Doubts over object code
The Apple case
Appeal to the Full Court
The Government’s response
Debate and consultation
The need for legislation
CHAPTER 14 – THE AGE OF AMERICA
ADMINISTRATION AND POLICY
Role of the Attorney General’s Department
Participation in international conferences and approach of Attorney General’s Department
Departmental differences and growth of distinctive copyright policy
Joint responsibility for copyright policy
Role of DOCITA
Dismantling import controls
THE DIGITAL AGENDA REFORMS AND THE AFTERMATH
New legislation
Exit DOCITA
Restrictions on user rights
The Age of America – copyright, trade and imperial hegemony
Economics and politics
The genesis of US copyright trade policy
The 1980s
Individual agency and industry motivations
A PIRATE NATION AND THE AUSTRALIAN RESPONSE
US practice in the 19^th century
A symbolic blow xv
CONCLUSION
CHAPTER 15 – POLICY OBSERVATIONS
BIBLIOGRAPHY
APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4
INDEX
About the Author
Copyright

CONTENTS