Government’s role in copyright policy-making – challenges and opportunities

Ben Atkinson

Policy separated from history – public and government as trespassers
•	In the 19th century, only commercial piracy constituted infringement
•	No conception of public interest 
•	Enclosure by common law
•	Fair use doctrine – a public right of way across private land 

Government as copyright policy-maker – government and the academy, twin ships in the night
•	The digital agenda reform process; the fair use inquiry
•	Influencing the political process

Challenges for government – what is its role?
•	Primacy of the Commonwealth
•	Crown copyright and the role of government
•	Government as owner and user
•	States of play – the States and Territories