15 S Hawkins

Full name: Sally Hawkins

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The guiding principles most suitable to this inquiry should include whether modern society is able to communicate and evolve over the coming decades by embracing the information age and maximising the utility of digital technologies.
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Yes. The copying of legally acquired copyright material for private and domestic purposes should be permitted in all cases that have a non commercial character. It is a consumer’s right to utilise their purchases in anyway they chose and unacceptable that there remain restrictions on the use of legally acquired material. Restrictions are simply ignored for the most part and it casts the law in a bad light in so much as it fails to reflect what are common expectations and standards. It is highly unlikely that litigation would be based on an individuals choice to make use of legally acquired material in a non commercial way and thus the law as it stands is unlikely to ever be enforced and creates legalistic limitations that are considered ridiculous.
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Images and text in particular are being used in social networking contexts in vast numbers. It is common practice to, and in fact encouraged by the architecture of the networks, to share material from person to person. In the majority of cases it would seem that creators themselves produce these works in the hope that they will be freely shared on social networks.
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Yes. The Copyright Act should be amended to allow for the free use of copyright material in social network environments. There should be a specific exception to allow for the recognition of internet architecture as a social network and then a provision exempting the sharing of copyright material on such networks from copyright infringement.
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Such an exemption should be framed to allow all uses of copyright material for these purposes without exception. Any other limitation would prevent commercial pages on social networks from using copyright material which would be completely unreasonable and detract from the normal expectations of society in the sharing of images and text.
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Copyright materials are, as a matter of habit and modern cultural/personal expression, being used for sampling, remixes and mashups. This occurs on both a commercial and personal self expression basis and in many cases the transformative creation is uploaded to the internet for sharing or sale.
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Yes. The Copyright Act should be amended to allow for transformative uses. The sampling of music should be freely permitted without license or monetary compensation where 5 seconds or less of the original composition is used. This would allow the creative and transformative uses of existing material to take place without detracting from the potential of the original creator to exploit his/her composition. A 5 second sample from any song should be freely combined with any other 5 second sample(s) without restriction to the number of songs that can be sampled in any new transformative work. There should be no restriction for commercially released transformative works – it should apply to all sampling.
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Yes. Any use of a publicly available work in the creation of a new work should be considered transformative.
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It should be permitted in all commercial and non commercial transformative uses provided a sample is no longer than 5 seconds long.
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The Copyright Act should be amended to reflect the changes in the law with respect to transformative uses by stating that it is not derogatory treatment to sample, it is not a failure to attribute where the sample is less than 5 seconds in length or in the case where the transformative use does attribute the original creator, it is not false attribution, to do so.
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Yes. A broad and flexible exception such as Fair Use as enjoyed in the United States should replace the majority of other exceptions currently in the Copyright Act. The use of specific exceptions means that law must be constantly reviewed as it commonly fails to keep pace with technological change. It also leads to an overly legalistic regulatory environment, and places the public in jeopardy by failing to reflect common standards in society. A broad exception would be more appropriate and would be best written in the same terms as that in the United States. The proportion of the use, the impact on the market for the original work and the public nature of its use or distribution should all be factors to be considered. Fairness and reasonableness are terms that could be used but on their own they are very vague - some context or qualification to these words would be necessary.
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Some exceptions could be replaced, particularly the personal, private and domestic exceptions to copyright infringement. However it would be helpful, to begin with at least, to maintain the majority of existing exceptions assuming that the broader principles would also apply at the same time with the public not being forced to rely on just one of the provisions at a time. It could be a matter of further review in the future, once case law or general principles have been established, as to whether the existing exceptions need be maintained in the long term.
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The agreements themselves should remain enforceable but any provision limiting the use of copyright material that would otherwise be exempt from infringement should be unenforceable. The use of contract law to override statutory exemptions is a matter that needs to be addressed urgently.
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