Accessing and Refusing Copyright Government Record

Abstract

The common policy objectives in modern liberal democracies of promoting open and accountable government and of preserving national culture and heritage are reflected in the provision of access to, and the preservation of, unpublished and published works held by government. A wide spectrum of social enquiry is in whole or in part dependent on these government preserved holdings. The policy objectives in Australia are manifested in two ways. One is in government archival practices and laws. The other is in the provisions in the Australian Copyright Act 1968(Cth) facilitating access to, and the preservation of, unpublished and published works held by archives and libraries. While preservation of these works and the costs associated with it are in themselves a recognition of the public interest in accessing works held by archives and libraries, existing laws and practices facilitating access should be reviewed in the light of technological changes in way we access, create and communicate works and in the light of further moves towards openness in government. This article outlines present archival practices and laws in Australia, and the scope of Copyright Act provisions, before turning to reform. The focus will be on the Australian federal sphere.