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Albanese Government to Make Changes to Copyright Act in Regard to Online Learning


Attorney-General Mark Dreyfus stated that COVID-19 prompted a nationwide reconsideration of how and where people receive education.

The Albanese Government is amending the Copyright Act so that existing rules governing copyrights for classroom materials will also apply to lessons delivered through online classes.

These amendments followed four ministerial roundtables on copyright, addressing issues such as digital material distribution in remote learning environments, orphan works, quotations from copyrighted material, implications of artificial intelligence for copyright law, and the legal definition of “broadcast.”

Attorney-General Mark Dreyfus, who chaired the ministerial roundtables held from Feb. 23 to Dec. 4 last year, highlighted the shift to a flexible, hybrid education model that includes online learning as a key component.

He emphasized that online learning is often the only choice for students in remote or regional areas to continue their education.

The Attorney-General’s Department (AGD) released a summary of the discussions, indicating that despite differing views, participants agreed that copyright laws should treat the use of material in remote learning environments the same as in-person learning.

The proposed amendments also aim to ensure that parents and guardians can assist students with copyrighted materials, particularly crucial for younger students. Additionally, the changes will allow various individuals and organizations, such as local police, to present material in classrooms without affecting teaching methods, enhancing educational experiences for learners.

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Stakeholders expressed their willingness to collaborate with the AGD on drafting the reforms to provide support and prevent any unintended consequences. They also discussed reforms on quotations from copyrighted material and decided that immediate action on the definition of “broadcast” was unnecessary.

In December 2023, the establishment of the Copyright and AI Reference Group was approved to engage with stakeholders from various sectors continuously.

Mr. Dreyfus highlighted that the proposed changes signify agreement on legislative adjustments between representatives from the education and creative industries sectors.

Additionally, the National Catholic Education Commission (NCEC) welcomed the reforms, noting that they will enhance teaching and learning in schools. Executive Director Jacinta Collins emphasized the necessity of copyright law reform due to the challenges faced during online learning in the pandemic.

The NCEC urged parliament to swiftly approve these reforms and recognized the efforts of the National Copyright Unit and the education sector in shaping these changes.

Catholic education is a significant provider in Australia, enrolling a substantial portion of students in the country.



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