Appendix 6 - International Music Council

works in more subtle ways. For more information, see
http://www.ozco.gov.au/council_priorities/ multicultural/ama_policy/
Eligibility. Generally, Australian government arts subsidies
are given only to Australian
citizens or to immigrants who are not citizens but who have taken up permanent residence
in Australia. To my knowledge, all are treated equally.
Foreign artists. Some subsidies are given for the
general support of organisations which
may include in their activities Australian tours by foreign artists (e.g. the orchestras,
opera
companies, cha mber music presenters, festivals.) Such subsidies therefore indirectly
support these foreign
artists.
There are no requirements nor any pressure that foreign artists should be eligible for
subsidies. It is conceivable but perhaps unlikely that this could occur under ‘national
treatment’ provisions of a free trade agreement. Cultural subsidies are not forbidden by the
Australian US Free Trade Agreement.
- Other. Are there similar regulations
above?
RESPONSE. We have not thought of any.
in areas of activity not mentioned
• What is the situation of copyright law in the countries in this region? Has it been
enacted? Is it enforced?
RESPONSE. Australia is fairly up to date on copyright law. A new performers’ rights law
was introduc ed in 2005. It is not very satisfactory and shows signs of being drafted to suit
the needs of record companies rather than artists.
Copyright law is enforced.
The Australian Record Industry Association (ARIA), the association controlled by the
majors, has a d ivision that works along similar lines to the Record Industry Association of
America, bringing legal charges against those responsible for record piracy, whether
of
physical recordings or unauthorised online downloading.
The Australasian Performing Right Association (APRA) proposed a levy on the sale of
blank audio recording devices, with the proceeds to be used to reimburse copyright owners
for the loss of income through illegal online file-swapping. ARIA, however, has opposed
this, arguing that it legitimises illegal use of copyright material and that effective Digital
Rights Management (DRM), anti-copying technology, will be available soon and will be
capable of preventing the illegal activity. With the industry divided, the government is
unlikely to take any action – which is to say that ARIA’s view wins by default.
The library sector is not so happy with DRM because it can prevent access to copyright
material that otherwise would be available under what is known in the USA as ‘fair use’
provisions (e.g. allowing copying free or charge of a percentage of a copyright production
for purposes of study or research). US trade agreements are signing countries up to adopt
DRM technology and to make
it a criminal offence to attempt to bypass it.
32. The tendency to favour a uniform and non-pluralistic interpretation of the notion of
identity hindering the manifold and free expression of cultural diversity
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