Reviewing Contractual System in Australian Copyright Balance

Abstract

The article is aimed to review the contractual system in the Australian Copyright Act 1968. Contractual system is shaped to facilitate copyright owners to authorize potential target to make use of their copyright work through the contractual system. However, it is still arguable that there is possibility that contractual system would curtail copyright balance. Nevertheless, the Australian Copyright Act 1968 is silent as to whether private agreements can displace provisions of the Copyright Act which provide for reasonable access to copyright material. This article also analyzes the concerns about the problem in contractual agreement applied in the Act 1968. The current legislative regime is inadequate in dealing with copyright and Contract Law; which is there is no express prohibition in the Copyright Act on “contract out” then the scope of provisions may be modified by contract. Additionally, there are no clearly defined criteria or requirement to formulate “good faith” in a contractual relationship. This can causes unequal bargaining power between the copyright owners and users.