The Australian Digital Alliance (ADA) is an Australian

non-profit A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

coalition of public and private sector interests, formed to promote balanced

copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...

by providing a voice for the public interest perspective in debates about copyright change and reform. The ADA engages with government through submissions, lobbying, and media activities. The ADA works closely with its sister organisation, the

Australian Libraries Copyright Committee The Australian Libraries Copyright Committee (ALCC) is an Australian organisation dealing with copyright law. It has a particular focus with relevance for the GLAM sector in Australia. It is related to the Australian Digital Alliance. Formed ...

(ALCC). The ALCC is the main consultative body and policy forum for the discussion of copyright issues affecting Australian libraries. It develops policy and advocates action appropriate for the role of libraries as information providers and preservers in Australia. The two bodies share a copyright adviser, and generally make joint submissions to government.

IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009)

The

Nine Network The Nine Network (stylised 9Network, commonly known as Channel Nine or simply Nine) is an Australian commercial free-to-air television network. It is owned by parent company Nine Entertainment and is one of five main free-to-air television netw ...

sued

IceTV IceTV is an Australian company providing an independently curated Electronic Program Guide (EPG) for digital free-to-air television. It also produces Smart Recording Software. IceTV offers a TiVo-like service that provides series recording, key ...

for copyright infringement after IceTV used parts of Nine Network's programme schedules for its electronic program guide. The case raised questions about the threshold of the originality requirement for copyright, and the nature of the protection for compilations (collections of facts) in Australia. The ADA was granted leave by the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

to intervene as a

friend of the court An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...

. The ADA's submissions outlined the importance of public interest considerations and the implications that this case could have on copyright users. The High Court found in favour of IceTV, with the joint judgment of Gummow,

Hayne Hayne is a surname of English origin. Etymology According to the ''Oxford Dictionary of Family Names in Britain and Ireland'', modern names ''Haine'', ''Hayne'', '' Haines'', ''Hains'', ''Hanes'', and '' Haynes'' all in four different medieval nam ...

and Heydon making reference to the ADA's submissions.''IceTV_Pty_Limited_v_Nine_Network_Australia_Pty_Limited''_ ''IceTV_Pty_Limited_v_Nine_Network_Australia_Pty_Limited''_[2009
/nowiki>_HCA_14">009">''IceTV_Pty_Limited_v_Nine_Network_Australia_Pty_Limited''_[2009
/nowiki>_HCA_14.__The_High_Court_recognised_the_importance_of_maintaining_a_robust_public_domain_which_allows_people_and_organisations_to_use,_re-use_and_build_on_materials_to_produce_innovative_new_works.

__''A_User’s_Guide_to_the_Flexible_Dealing_Provision''_

Together_with_the_ALCC,_the_ADA_produced_a_handbook_on_the_new_flexible_dealing_provision_of_the_Australian_copyright_law.html" ;"title="009
/nowiki>_HCA_14.html" ;"title="009">''IceTV Pty Limited v Nine Network Australia Pty Limited'' [2009
/nowiki> HCA 14">009">''IceTV Pty Limited v Nine Network Australia Pty Limited'' [2009
/nowiki> HCA 14. The High Court recognised the importance of maintaining a robust public domain which allows people and organisations to use, re-use and build on materials to produce innovative new works.

''A User’s Guide to the Flexible Dealing Provision''

Together with the ALCC, the ADA produced a handbook on the new flexible dealing provision of the Australian copyright law">Copyright Act
section 200AB
. The handbook outlines how the provision operates and provides examples to assist libraries, archives, galleries and educational institutions to take advantage of the provision and use copyright materials. The formal launch of the handbook was attended by ADA members, senior public servants, and other copyright figures. Th
Flexible Dealing Handbook
is available for free download under Creative Commons license.

Anti-Counterfeiting Trade Agreement

Significantly increased intermediary responsibility, among other things, is currently the subject of negotiations in the proposed

Anti-Counterfeiting Trade Agreement The Anti-Counterfeiting Trade Agreement (ACTA) is a plurilateral agreement, multilateral treaty for the purpose of establishing international standards for intellectual property rights enforcement that did not enter into force. The agreement aims t ...

(ACTA). The ADA encouraged greater transparency by the

Department of Foreign Affairs and Trade The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian federal government responsible for foreign policy and relations, international aid (using the branding Australian Aid), consular services and trade and inv ...

(DFAT) regarding the progress of its negotiations. The ADA formed a coalition with other concerned organisations including

Choice A choice is the range of different things from which a being can choose. The arrival at a choice may incorporate motivators and models. For example, a traveler might choose a route for a journey based on the preference of arriving at a giv ...

, the

Australian Library and Information Association The Australian Library and Information Association (ALIA), formerly the Australian Institute of Librarians and Library Association of Australia, is the peak professional organisation for the Australian library and information services sector. F ...

, and the Internet Industry Association. The coalition was involved in a number of government meetings, and submitted a joint statement o
principles for ACTA negotiations
to DFAT. The submission agreed that reducing counterfeiting is important where it endangers consumer health or safety, or constitutes commercial scale infringement. However, the coalition urged that pursuit of that goal should not threaten legitimate commercial, social, innovative and creative activities, the rights of consumers or the free flow of information. The coalition noted the current proposed treaty raised concerns with respect to transparency, increased customs search powers, increased penalties for IP infringement, and lack of due process.

References

External links

Australian Digital Alliance
{{Authority control Political advocacy groups in Australia Non-profit organisations based in the Australian Capital Territory Australian copyright law Copyright law organizations