Fair use doesn't = Free use.

This article by Kim Williams clearly articulates why so many of us in the creative industries are hugely concerned about the recently released draft report on intellectual property in Australia from The Productivity Commission. Fair use doesn't = free use. 

I am a big believer in ongoing reforms that ensure that as copyright champions and custodians we continue to ensure that we remain in step with consumer behaviour but this report is concerning on so many levels. Many of the supporting documents are dated and no longer factually correct. Assertions like 4.2 - Copyright term and scope, recommending that a creator should only have the right to the copyright on their own creation for 15 - 25 years just don't make any sense at all. As Jackie French recently asked in her open letter to the Productivity Commission, would we expect that someone could just come and occupy a house that we built after a certain period expired. Another assertion that really stands out for me is that the commercial lifespan of creative work is around 5 years. In publishing, "backlist" or long tail books are the Holy Grail and many of these works don't even find their commercial feet for at least three years after publication. Even in our connected world, driving or riding zeitgeists or finding new audiences through other mediums can take time.

One of the most exciting elements of digital disruption is that it can finally really support this effectively. For instance, these days, no book ever needs to go out of print. New formats and updates are incredibly easy to produce and can be provided directly to audiences all around the world simultaneously. Authors can connect with people in whatever ways work best for both parties. My excitement about all these possibilities and opportunities is what led to the creation of The Author People. We set out to actively harness digital disruption to support the Author/Audience relationship and "bring Authors and People together".

Reforms should challenge preconceived assumptions and business models and support innovation but unfortunately the Productivity Commission have missed that opportunity. All these recommendations will achieve is to crush our creators and innovative enterprises. The very people we should be supporting and applauding.