Copyright and contract: facilitating access to repair information by protecting copyright defences from ‘contracting out’

The increasing use of manufacturers’ end-user licence agreements (EULAs) in ‘smart’ goods and machines is eroding the copyright balance between the owners and users of these devices. The restrictive nature of EULAs is limiting the ability to fix and maintain our ubiquitous smart machines. Prolonging their life is key not only to e-waste reduction but also to achieving a more sustainable society in line with the UN Sustainable Development Goals. This chapter examines the relationship between copyright and contracts in smart goods, devices, and machines. The increasing trend of manufacturers who not only use repair restrictions in EULAs but also require purchasers to ‘contract out’ of copyright defences to prevent them from accessing software for repair will be used to highlight the need to rein in copyright's overreach into our physical products. Recognising how product EULAs override copyright exceptions, Australia's preferred approach is that copyright barriers to repair need to be acknowledged. This chapter highlights that given the owners of smart machines and devices are new stakeholder groups of copyright users, consideration must be given to revisiting the role that copyright and its contracts are playing in our smart goods and devices. Removing copyright barriers to the sustainable consumption of our smart goods will be aided by ensuring the benefits of copyright public interest exceptions are protected.