Статті в журналах: "Copyright Australia"

1

Tréguier, Lucie, and William van Caenegem. "Copyright, Art and Originality: Comparative and Policy Issues." Global Journal of Comparative Law 8, no. 2 (September 25, 2019): 95–127. http://dx.doi.org/10.1163/2211906x-00802001.

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This article reviews the laws of France and of Australia in relation to artistic works copyright for useful articles. Australian law applies a different subsistence test to ‘applied art’ than to fine art, whereas French law makes no such distinction, applying the principle of ‘Unité de l’art’. The decision of the High Court of Australia in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] 239 clr 458, which aligns the standard of originality more closely with that applied in European copyright law, invites reconsideration of the Australian approach in favour of a universal standard for all artistic works. A more contemporary understanding of what constitutes ‘art’ points in the same direction. In the result, there is no longer any need to apply a restrictive ‘artistic quality’ standard to works of applied art in Australia. Such an approach better aligns the tests of artistic copyright subsistence in different jurisdictions.

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2

Moore, Christopher. "Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain." Media International Australia 114, no. 1 (February 2005): 71–82. http://dx.doi.org/10.1177/1329878x0511400109.

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Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.

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3

Thampapillai, Dilan. "The Novel as Social Satire: 60 Years Later, The Wind Done Gone and the Limitations of Fair Use." Deakin Law Review 17, no. 2 (February 1, 2013): 425. http://dx.doi.org/10.21153/dlr2012vol17no2art86.

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The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes.

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4

Sinnreich, Aram, Patricia Aufderheide, and Donte Newman. "Creative Action Under Two Copyright Regimes: Filmmaking and Visual Arts in Australia and the United States." Communication, Culture and Critique 13, no. 3 (June 10, 2020): 384–401. http://dx.doi.org/10.1093/ccc/tcaa003.

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Abstract A comparison of the behaviors of two creative populations operating within cross-media environments in the United States and Australia tests the comparative effect of the two nations' legal environments on the range of creative expression and on costs of production in increasingly digitized production processes. The U.S. creators have access to the flexible and expansive exception of fair use, while Australian creators' ability to use third-party copyrighted content are far more constrained. While availability of copyright exceptions plays a crucial role, other factors including demographics, disciplinary norms, and social inequality may also be important in creative practices and professions.

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5

Puri, K. "Copyright protection of software in Australia." Information & Communications Technology Law 1, no. 1 (January 1992): 79–114. http://dx.doi.org/10.1080/13600834.1992.9965643.

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6

Cantatore, Francina, and Jane Johnston. "Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law." Deakin Law Review 21, no. 1 (February 23, 2018): 71. http://dx.doi.org/10.21153/dlr2016vol21no1art727.

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This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that — in some, but not all, instances — a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors’ moral rights and have created an environment of uncertainty.

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7

Carson, Louise Caroline, and Kathryn Greenhill. "One hat or many? A comparison of two models for the Copyright Officer position in university libraries." Library and Information Research 39, no. 121 (December 22, 2015): 57–74. http://dx.doi.org/10.29173/lirg659.

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Statute law provides university libraries with a framework for copyright requirements, duties and privileges. In Australia, there are few guidelines or standards for university libraries about providing those copyright services that are not mandated by statute, such as copyright advice and compliance. There is little formally-shared knowledge about the non-statutory services provided by university library Copyright Officers. More information about this would benefit libraries reviewing or establishing these positions. This research uses survey and semi-structured face-to-face interviews with designated Copyright Officers in four Western Australian universities to document four aspects of their work. These four factors are interaction and support within the library and the institution; involvement in institutional copyright advice, involvement in institutional copyright compliance; and satisfaction with authority and resourcing. The survey and interviews revealed two different models for structuring the library Copyright Officer position; one model involving a part-time officer with responsibility only for copyright, and the other model involving a full-time officer who has only 5% of their duties involved in copyright with the remainder of the copyright duties being managed by a member of the university legal / governance office. Similarities were found between the activities of both models, such as the strategies involved in ensuring copyright compliance, and education and training sessions. There was agreement from all respondents that copyright compliance within their institution could be improved by an increase in the resources available to each position.

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8

Bond, Catherine, Abi Paramaguru, and Graham Greenleaf. "Advance Australia Fair? The Copyright Reform Process." Journal of World Intellectual Property 10, no. 3-4 (July 2007): 284–313. http://dx.doi.org/10.1111/j.1747-1796.2007.00324.x.

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9

Ms. Poonam Pant, and Ms. Bhumika Sharma. "Liability of Internet Service Providers Across Various Countries: An Overview." Legal Research Development: An International Refereed e-Journal 4, no. 1 (September 30, 2019): 06–09. http://dx.doi.org/10.53724/lrd/v4n1.04.

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The role of I.S.P. or Intermediary is very important for effective utilization of information technology. The liability of Intermediary or I.S.P. has gain immense importance at international level. Various countries have defined the liability of I.S.P. either in the form of copyright infringement or for the infringement of information technology. Australia was the first country to enact the legislation relating to the liability aspect of I.S.P. in the form of Copyright Act, 1968 making I.S.P. liable to disable the access to online services hosted outside Australia. Some safe harbors were also provided for I.S.P. as part of the Australia - United States Free Trade Agreement. The US provides for the liability of ISP in the form of Communications Decency Act, 1996, Digital Millennium Copyright Act,1998. Title II of the D.M.C.A. specifically deals with the issue of I.S.P. liability and also provides for the penalties for unauthorized access to a copyright work. As regarding the legislations of Canada, it does not specifically defines the liability of I.S.P., instead it provides safe harbor for those ISP’s providing any means for Internet access. I.S.P.’s are also protected for copyright infringement in Canada. In Singapore the liability of I.S.P. is regulated by the Internet class license and Internet code of Practice which requires the I.S.P. to abide by the conditions of license. I.S.P.’s are also restricted to make public access of those websites which contain offensive content harmful to national interest. Japan’s Copyright Act, 1970, The Provider Liability Limitation Law 2002 protects the I.S.P. against any kind of liability for Copyright infringement. UK enacted two legislations in form of Copyright, Designs and Patents Act 1988 Digital Economy Act 2010 which imposes the obligations on ISP to notify the infringement to its subscribers, also liable to take technical measures to terminate the Internet services after reporting of infringement. The countries also make the provisions for the penalties for offences relating to the infringement of copyright or unauthorized access of information by various I.S.P.’s or Intermediaries. The quantum of punishment is differed in every country according to the nature of offence.

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10

Alexander, Isabella, and Michael Fraser. "Copyright Reform in Australia: Asking the Right Questions." Journal of Media Law 6, no. 1 (July 11, 2014): 8–20. http://dx.doi.org/10.5235/17577632.6.1.8.

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11

Cantatore, Francina. "The Migration of the Book Across Territorial Borders." International Journal of Innovation in the Digital Economy 5, no. 3 (July 2014): 1–16. http://dx.doi.org/10.4018/ijide.2014070101.

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Although the USA, Canada, UK, and Australia currently retain territorial copyright laws, with commensurate restrictions on parallel, importation of books, advances in digital technology, and the advent of e-books have caused an involuntary migration of the book across these defined borders. This changing publishing sphere has impacted authors' copyright protection, with authors struggling to come to grips with breaches of copyright outside the protection of their own borders. Additionally, the extra-territorial publication of books are often in breach of authors' copyright but difficult to address locally. This article deals with the copyright issues faced by authors once their books enter the digital sphere, as well as the difficulties associated with overseas publications of their books, from a territorial perspective. It examines—especially in view of recent case law in the United States—whether territorial copyright borders still afford book authors effective copyright protection in the digital economy, and further, whether the culture of the book is being eroded through the prevalence of extra-territorial publications. In addressing these issues, the article references recent qualitative and quantitative research conducted through interviewing and surveying published Australian authors nationally. The findings of the qualitative and quantitative research showed that, whilst publication in the digital sphere poses significant challenges for book authors, their responses to copyright challenges are varied and inconsistent, depending on their viewpoints. Relevantly, this article examines the recent US Supreme Court decision of Kirtsaeng v Wiley and Sons, Inc.—which dealt with the application of the “first sale doctrine” in the cross-border sale of text books on eBay—and considers its likely future impact on the enforcement of territorial copyright by authors and publishers. Finally, the article concludes that territorial copyright borders have become blurred, difficult to enforce in view of recent precedent, and are ineffective in preserving authors' copyright and the cultural dimensions of their books. In conclusion, it suggests that new copyright solutions are required, demanding that authors embrace digital technology, improve their knowledge of online publishing, and apply creative publishing models to their advantage.

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12

Barrett, Jonathan. "Dissonance between Fact and Law: The Example of Visual Artistic Practice and Income Tax Concessions for Peak Copyright." Victoria University of Wellington Law Review 52, no. 4 (January 26, 2022): 689–708. http://dx.doi.org/10.26686/vuwlr.v52i4.7400.

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The principal income tax statutes of both New Zealand and Australia provide special concessions for taxpayers who earn exceptional copyright income in a year of assessment. As authors (creators) of copyright-protected artistic works, visual artists are potential beneficiaries of these preferences but, because they typically produce singular artworks that are not licensed for reproduction, they cannot directly benefit from copyright or, as a consequence, tax concessions granted to copyright assignors or licensors. In New Zealand, a taxpayer who receives peak copyright payments can opt to average those receipts over more than one assessment year. An Australian taxpayer can spread their more broadly defined assessable professional income and, if they operate a professional arts business, may enjoy an exception to the non-commercial loss rules, and so may claim net losses in the year they are incurred. The substantive provisions of neither the Income Tax Act 2007 nor the Income Tax Assessment Act 1997 (Cth) expressly incorporates provisions of copyright legislation but both taxing statutes explicitly import copyright terminology and, implicitly, concepts and doctrine. Examination of differences between fact and law is a significant field of legal research. In taxation studies, John Prebble's identification of "ectopia" presents the best-known analysis. Prebble characterises income tax law as "ectopic" (out of place), inasmuch as it is dislocated from the facts to which it relates. Copyright law is likewise dislocated from typical artistic practice. When copyright principles are incorporated into income tax legislation, the relevant provisions may be doubly estranged from the facts to which they relate. This article, which has an Australasian jurisdictional focus but also draws on Quebecois tax legislation, investigates that possibility and considers, in particular, the consequences for equity in income taxation.

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13

DEMPSEY, GILLIAN. "Evolution of Copyright Protection for Software Programs in Australia." Law & Policy 17, no. 3 (July 1995): 283–310. http://dx.doi.org/10.1111/j.1467-9930.1995.tb00151.x.

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14

Ailwood, Sarah, and Maree Sainsbury. "The Imperial Effect: Literary Copyright Law in Colonial Australia." Law, Culture and the Humanities 12, no. 3 (July 31, 2016): 716–40. http://dx.doi.org/10.1177/1743872114533871.

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15

Rimmer, Matthew. "The Grey Album: Copyright Law and Digital Sampling." Media International Australia 114, no. 1 (February 2005): 40–53. http://dx.doi.org/10.1177/1329878x0511400106.

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In the field of digital sampling, disk jockeys have shown a recent enthusiasm for ‘mash-ups’ — new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a ‘mash-up’ go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use under copyright law because it provides a transformative use of copyright works? Can such remixes by compulsorily licensed? Does a ‘mash-up’ raise issues concerning the moral rights of attribution and integrity, which are recognised in Europe and Australia?

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16

Mason, Sir Anthony. "Reflections of an Itinerant Judge in the Asia-Pacific Region." International Journal of Legal Information 28, no. 2 (2000): 311–35. http://dx.doi.org/10.1017/s0731126500009112.

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Since my retirement from the High Court of Australia in April 1995, I have pursued various activities. As Chairman of the National Library 1995-1998, National Fellow at the Australian National University and Chancellor of the University of New South Wales, I have been concerned with some current issues concerning libraries, including funding and copyright reform. My main purpose on this occasion is to speak about my experiences as a judicial rover in Fiji, the Solomon Islands and Hong Kong, jurisdictions in which I have been sitting as a Judge and as a lecturer at the Chinese National Judges College in Beijing.

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17

Larsson, Stefan, Susan Wnukowska-Mtonga, Måns Svensson, and Marcin De Kaminski. "Parallel Norms: File-Sharing and Contemporary Copyright Development in Australia." Journal of World Intellectual Property 17, no. 1-2 (March 2014): 1–15. http://dx.doi.org/10.1002/jwip.12018.

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18

Reynolds, Rocque. "The Police Logic of Balancing the Interests in Copyright Law." Public Space: The Journal of Law and Social Justice 5 (December 9, 2010): 21. http://dx.doi.org/10.5130/psjlsj.v5i0.1874.

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This article examines the use of the phrase ‘balancing the interests’ in political debate relating to copyright law. I argue that this phrase no longer leads to broad debate on the proper balance to be struck between private, public and social interests in copyright law. Rather, today the phrase has come to represent a type of police logic which reflects the private interests of copyright owners and users as they already exist. Drawing on the work of Jacques Rancière I suggest that this balance of private interests may be upset by a strategy of ‘subjectivisation’ which challenges the existing distribution of social bodies by making new subjects appear. I conclude that the recent cases of Telstra Corporation v Phone Directories Company Pty Ltd1 and IceTV Pty Ltd v Nine Network Australia Pty Ltd2 represent a surprising and effective use of this strategy by reintroducing the ‘artist’ and the ‘maker’ into copyright law in such a way as to upset and displace the prior claims of copyright owners and users.

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19

Donovan, Kieran G. "Media Neutrality or Stakeholder Inequality? Why emerging technology requires a rethinking of the stakeholder balance in copyright law." Public Space: The Journal of Law and Social Justice 5 (November 28, 2010): 24. http://dx.doi.org/10.5130/psjlsj.v5i0.1856.

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This paper considers a number of emerging technologies and how they challenge the underpinnings of copyright law in Australia. It draws upon the idea that copyright law must ‘balance’ the rights of stakeholders (creators of works, inventors of technology and users of works) in order to provide the most effective environment for the protection and use of works. This paper further suggests that existing copyright legislation can be divided into provisions that offer rights to creators of works (‘front end’ provisions), and other provisions that restrict the rights of users and inventors of technology (the ‘back end’ provisions). It analyses the use of ‘media neutral’ language in copyright legislation in both the front and back end provisions and argues that the creators of works have far broader rights and protections than those offered in the back end to users and inventors. Further, through an analysis of emerging technologies it is argued that this imbalance offers an environment that restricts the uptake of new technologies and fails to properly foster the protection of the rights of users of these new works and technologies.

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20

M. Broad, Ellen. "Update from Australia: the copyright cloud hanging over our national collections." Interlending & Document Supply 41, no. 3 (August 12, 2013): 81–86. http://dx.doi.org/10.1108/ilds-06-2013-0018.

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21

Burrell, Robert. "Copyright Reform in the Early Twentieth Century: the View from Australia." Journal of Legal History 27, no. 3 (December 2006): 239–65. http://dx.doi.org/10.1080/01440360601041118.

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22

McCutcheon, Jani. "The Honour of the Dead – the Moral Right of Integrity Post-Mortem." Federal Law Review 42, no. 3 (September 2014): 485–518. http://dx.doi.org/10.22145/flr.42.3.3.

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Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed that debate and confers post-mortem moral rights on authors, which endure for at least 70 years after an author's death. The Australian moral right of integrity protects authors from certain conduct in relation to their copyright works, which is prejudicial to their honour or reputation. This deliberate conferral of a posthumous right ostensibly acknowledges that a deceased author's honour can be harmed. This article examines questions surrounding the apparent conundrum of posthumous prejudice to an author's honour. How can prejudice to the honour of the dead be established in the absence of the author, particularly if honour is interpreted subjectively? Do insuperable evidentiary hurdles render the posthumous honour limb of the moral right of integrity illusory? The article concentrates on Australian law, but engages in relevant comparative treatments, particularly with French, Canadian and United Kingdom law. Judicial consideration of moral rights under the common law is scant, particularly in Australia, and rarer still in a post-mortem context. However, the issues explored in the article are important, will inevitably arise for consideration and merit a comprehensive examination.

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23

Singh, Supriya, Meredith Blake, and Jonathan O'Donnell. "Digitizing Pacific Cultural Collections: The Australian Experience." International Journal of Cultural Property 20, no. 1 (February 2013): 77–107. http://dx.doi.org/10.1017/s0940739112000483.

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AbstractIn the absence of specific policies that address the digitization of Pacific cultural collections, it is important to document the practices of Australian museum professionals and cultural experts who deal with close to one-fifth of Pacific cultural objects held in museums. Interviews with 17 museum professionals and cultural experts in Australia help advance reflective practice relating to digitizing Pacific collections. Drawing on principles enshrined in international, regional, and Australian policies and protocols relating to the management of indigenous collections, they favor responsible digitization based on consultation with source and diasporic communities. In order to consult across a region with multiple languages and cultures when time and resources are limited, they begin with areas they know best and when possible, work with curators of Pacific backgrounds. Some practicalities of publishing and protecting digitized images online revolve around validating information about the artifact and going beyond copyright to respect traditional knowledge.

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24

Weatherall, Kimberlee. "The Australia-US free trade agreement’s impact on Australia’s copyright trade policy." Australian Journal of International Affairs 69, no. 5 (July 9, 2015): 538–58. http://dx.doi.org/10.1080/10357718.2015.1048778.

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25

Lee, Gyooho. "A study on the introduction of dynamic injunction as a countermeasure against online copyright infringement." Korea Copyright Commission 35, no. 2 (June 30, 2022): 115–50. http://dx.doi.org/10.30582/kdps.2022.35.2.115.

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On basis of Article 136 of Korean Copyright Act prescribing criminal sanction against copyright infringement crimes, online information which violates Korean Copyright Act can fall under one of online illegal information under Article 44-7 (1) 9 of the Act On Promotion Of Information And Communications Network Utilization And Information Protection. Article 44-7 (Prohibition on Circulation of Unlawful Information) of the Act On Promotion Of Information And Communications Network Utilization And Information Protection (hereinafter “Information and Communications Network Act”) states that “(1) No one may circulate any of the following information through an information and communications network: [omitted] 9. Other information with content that attempts to commit, aids, or abets a crime.” Currently, Korea Communications Standards Commission is actively responding to overseas copyright infringement by viewing information resulting from overseas online piracy as illegal information under Article 44-7 (1) 9 of the Information and Communications Network Act, and by requesting a correction measure which blocks access to overseas online sites from domestic key telecommunication operators. Therefore, the Copyright Act applies to copyright infringement on domestic online sites, but the Information and Communications Network Act and the Korea Communications Standards Act apply to copyright infringement on overseas online sites. In this sense, the regulations on online piracy are bifurcated. However, regular access blocking measures are not suitable for effectively preventing online copyright infringement. Due to the technical structure of the Internet, access blocking measures can be easily bypassed, and in order to avoid access blocking measures, the infringing server can be moved abroad and the pirated contents can be re-hosted and transmitted again. Over the past few years, a new type of injunction has emerged as an effective response to online copyright infringement. It is called as “dynamic injunction.” The dynamic injunction is a legal mechanism that allows the Internet service provider to block both the main domain name and the IP address of the pirated website, and mirror websites which quickly and easily appear under other domain names and thus remain unaffected by the original injunction order as well. This dynamic injunction system was implemented in Australia, Singapore, Spain, Sweden, Austria and the United Kingdom. Hereinafter, this Article looks at overseas legislative examples of dynamic injunction, and, then, propose ways to introduce this system to Korea.

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26

Qaddomi, Hussam. "Copyright © Australian International Academic Centre, Australia EFL for Palestinian Security Personnel in Workplace: Exploring Officers’ Motivation and Attitudes." International Journal of Applied Linguistics & English Literature 3, no. 2 (February 22, 2014): 101–11. http://dx.doi.org/10.7575/aiac.ijalel.v.3n.2p.101.

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27

Mazzola, Riccardo. "“I make an oath and say as follows”: Yolngu judicial discourse on sacred art and copyright." Oñati Socio-legal Series 10, no. 4 (August 1, 2020): 876–902. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1135.

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The main claim of this study is that a dynamic repertoire of Indigenous linguistic conducts and judicial strategies exists in Yolngu (Australia) artworks misappropriation cases discussed before Australian courts, and that its examination helps to clarify Indigenous perspectives on the property of sacred art. This essay – covering an almost untouched field in the literature on “Indigenous intellectual property” – enlightens Yolngu judicial strategies as their answer to the conundrum between the risk of a loss of their cultural identity and the advantage potentially deriving from a state recognition of Indigenous “intellectual property” rights. This study mainly relies on Yolngu and other subjects’ affidavits released throughout five significant 1990s lawsuits. Affidavits clearly show the two-folded nature of Yolngu judicial discourse on sacred art and copyright, simultaneously insisting on and (implicitly) dismissing an interpretation of Indigenous paintings as “intellectual property”. La principal afirmación de este estudio es que hay un repertorio dinámico de conductas lingüísticas y estrategias judiciales indígenas en los casos de malversación de obras de arte yolngu (Australia) que se presentaron en juzgados australianos. El análisis de esos repertorios ayuda a esclarecer las perspectivas indígenas sobre la propiedad de arte sagrado. Este artículo –que cubre un campo casi inédito en la literatura sobre propiedad intelectual indígena– arroja luz sobre las estrategias judiciales de los Yolngu como respuesta al dilema entre el peligro de una pérdida de su identidad cultural y la posible ventaja derivada de un reconocimiento del Estado de los derechos de propiedad intelectual indígenas. Nuestro estudio se basa principalmente en las declaraciones juradas de miembros del pueblo Yolngu y de otras personas. Dichas declaraciones se realizaron durante cinco casos judiciales significativos de los años 90. Las declaraciones juradas demuestran la naturaleza dual del discurso judicial de los Yolngu sobre arte sagrado y derechos de autor, insistiendo simultáneamente en, a la vez que (implícitamente) rechazando una interpretación de las pinturas indígenas como “propiedad intelectual”.

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28

Carpenter, Chris. "JIP Focuses on Equipment Reliability in Subsea Production Systems." Journal of Petroleum Technology 74, no. 08 (August 1, 2022): 58–60. http://dx.doi.org/10.2118/0822-0058-jpt.

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This article, written by JPT Technology Editor Chris Carpenter, contains highlights of paper OTC 30219, “SEAR JIP: A Success Story of Collaboration and How To Improve Equipment Reliability on Subsea Production Systems,” by Adriana Botto, Wood; Manish Tomar, Chevron; and Stuart Ferrier, ConocoPhillips, et al. The paper has not been peer reviewed. Copyright 2020 Offshore Technology Conference. Reproduced by permission. The Subsea Equipment Australia Reliability (SEAR) joint industry project (JIP) is a partnership led by Wood with participation from a group of operators including Chevron Australia, ConocoPhillips, Inpex, Santos, Shell Australia, and Woodside. Now delivering Phase 6, the JIP is focused on collaboration and knowledge-sharing to improve the competitiveness of Australia’s oil and gas industry by addressing critical challenges associated with premature subsea-equipment failure. The complete paper provides an overview of the JIP and outlines lessons learned and value created. Background The SEAR JIP was initiated in 2014 with an aim of generating significant cost savings by improving subsea-equipment reliability and design for Australian operations, a goal best achieved through collaboration and knowledge-sharing. A reliability database was developed to collect offshore-operations failure information from SEAR members. The database provides a low-cost/high-value method of capturing lessons learned for subsea-equipment performance in Australia. A complementary test program, Transforming Australian Subsea Equipment Reliability (TASER), is under way to model innovative technologies under variable environments to validate equipment advancements. Phase 6 of the JIP aims to continue populating the reliability database while addressing two major industry challenges: the effect of marine fouling affecting equipment operability, and unwanted gas in subsea controls umbilicals. The outcome of this phase should provide opportunities for standardization, life extension, and development of new technologies. The JIP plans to issue an industry recommended practice in 2022 harnessing the lessons learned. This recommended practice will identify root causes of equipment failure and recommend material selection and mechanical design requirements for different environmental conditions. This will enable an improvement in equipment availability and a reduction in operating expenditures by minimizing offshore intervention to address failed equipment.

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Besek, June M., Jessica Coates, Brian Fitzgerald, Wilma Mossink, William G. LeFurgy, Adrienne Muir, Mary Rasenberger, and Christopher D. Weston. "Digital Preservation and Copyright: An International Study." International Journal of Digital Curation 3, no. 2 (December 2, 2008): 103–11. http://dx.doi.org/10.2218/ijdc.v3i2.61.

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The aim of the International Study on the Impact of Copyright Law on Digital Preservation was to review current copyright and related laws and their impact on digital preservation, as well as to make recommendations to help libraries, archives and other preservation institutions sustain digital works. Study partners are based in Australia, the Netherlands, the United Kingdom and the United States. The study found that, in many cases, digital works are not being preserved in a systematic way. This is partly because digital preservation entails more difficult copyright issues than preservation of non-digital material. All the surveyed countries have some form of exception for preservation activities. However, there is inconsistency in the details between the countries’ laws and uncertainty in how they apply in the digital environment. None of the countries surveyed have a uniform national system yet for collecting digital materials. Technological protection measures and licensing arrangements may, in some cases, present significant practical barriers to preservation. Current approaches to address these barriers are ad hoc and include requesting permissions from individual rights holders and some use of model licence terms that permit preservation. Moreover, as yet, there are no effective solutions to the general issue of orphan works. Recommendations of the study include suggestions for drafting national policies and adapting laws to allow digital preservation to be undertaken as necessary, in accordance with international best practice standards, and for promoting national systems for the collection of digital materials by relevant state and national collecting institutions.

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Ogawa, Megumi. "The Protection of Broadcasts and Broadcasting Organisations under 'New' Copyright Act 1968 of Australia." Joho Chishiki Gakkaishi 11, no. 2 (2001): 11–16. http://dx.doi.org/10.2964/jsik_kj00001039399.

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31

Atkinson, Violet, Viviane Azard, Marie Malaurie-Vignal, and William van Caenegem. "Comparative study of fashion and IP: Copyright and designs in France, Europe and Australia." Journal of Intellectual Property Law & Practice 11, no. 7 (July 2016): 516–32. http://dx.doi.org/10.1093/jiplp/jpw056.

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Shtefan, Olena. "The role of the principle of integrity in copyright protection." Theory and Practice of Intellectual Property, no. 5 (June 11, 2021): 12–25. http://dx.doi.org/10.33731/52020.233729.

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Shtefan O. The role of the principle of integrity in copyright protection.The article is devoted to the disclosure of the essence of the principle of good faith as the quintessence of all principles of law, universal principle, which applies both in procedural and material law. Directly in the article, the principle of good faith is revealed through the prism of the analysis of controversial legal relations arising in copyright relations.The application of the principle of fair use of works is aimed at establishing a balance between the interests of authors of works and the interests of society regarding their use, while sometimes it is used to expand the monopoly of copyright.Analysis of the legislation and case law of Canada, Australia and other countries allows us to define the principle of «fair dealing» as a way to protect («affirmative defense ») from copyright infringement and restrictions, rather than as a statutory right to use someone else’s work. Otherwise, the defendant would be burdened with proving that: 1) the use corresponds to one of those listed in Art. 29 goals (for example, research, criticism or news); 2) the use was «fair» and 3) there were references to the original source.According to the results of the study in the scientific article it was concluded that the existence in the Anglo-Saxon legal family of two conceptually different in the application of doctrines of fair use «fair use» and «fair dealing» and understanding the free use of works in Ukraine, as in other countries in continental Europe, closer to the doctrine of «fair dealing», which implies a statutory list of actions that are classified as fair use, than to the doctrine of «fair use», which operates in the United States. Although it is possible to trace some similarities between the understanding of free use in the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights» and the doctrine of «fair dealing» (given the statutory list of restrictions on copyright), it is necessary to take into account case law and, accordingly, a more «free» interpretationof the applicable law when the courts decide whether the use is a violation of exclusive rights or is an activity within the framework of free (fair) use. Keywords: copyright, illegal use of copyright objects, the principle of justice, thedoctrine of «fair use», the doctrine of «fair dealing».

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Jenkins, Georgia. "An Extended Doctrine of Implied Consent – A Digital Mediator?" IIC - International Review of Intellectual Property and Competition Law 52, no. 6 (March 23, 2021): 706–33. http://dx.doi.org/10.1007/s40319-021-01024-2.

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AbstractThis article explores whether an extended doctrine of implied consent can better balance copyright interests in the digital environment, particularly users’ access to digital content. Implied licences are analysed from a variety of jurisdictions including the United Kingdom, the European Union, Germany, the United States and Australia to submit that the role of implied consent emerges as a fundamental legal principle in both common and civil law jurisdictions. Given the significance of consent within the doctrine of exhaustion, the article also evaluates its application in the digital environment and the extent to which this could impact the proposal for an extended doctrine of implied consent. The boundaries of the extended doctrine along with its practical impact will be assessed through an example illustrating users’ access and interaction with digital content. It then becomes clear from the discussion that follows, that an extended doctrine of implied consent has the potential to balance copyright interests in the digital environment due to its status as a fundamental legal principle and inherent flexibility to consider a range of factors regarding users’ subsequent use of digital content.

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Jackson, M. "Black Hats and White Hats: Authorisation of Copyright Infringement in Australia and the United States." International Journal of Law and Information Technology 14, no. 1 (December 19, 2005): 28–46. http://dx.doi.org/10.1093/ijlit/eai022.

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35

Barakat Alhossary, Abeer, and Mohd Faiz Sathivellu Bin Abdullah. "Copyright © Australian International Academic Centre, Australia Representations of the ‘Palestinian Prisoners-Shalit Swap’ in Selected Arab and Israeli Online News Articles." International Journal of Applied Linguistics & English Literature 3, no. 2 (February 22, 2014): 178–86. http://dx.doi.org/10.7575/aiac.ijalel.v.3n.2p.178.

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leach, helen m. "The Pavlova Wars: How a Creationist Model of Recipe Origins Led to an International Dispute." Gastronomica 10, no. 2 (2010): 24–30. http://dx.doi.org/10.1525/gfc.2010.10.2.24.

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As in biology, debates between evolutionists and creationists can occur in historical disciplines dealing with the origins of technological devices and processes. In food history, the popular belief that dishes are invented, in particular by chefs, reflects an underlying creationist model. In the case of the pavlova cake, this model demands a sole creator, time and place of invention. Since this dish is iconic in both Australia and New Zealand, disputes over its origin culminated in what the media termed the ““Pavlova Wars,”” despite the evidence from cookbook analysis for progressive parallel evolution of pavlovas from meringue cakes. Beyond this prominent example, the originality (or otherwise) of recipes is critical in contemporary contexts such as copyright law. While copyright legislation follows an evolutionary model of recipe origins, many authors of cookbooks have asserted the originality of their recipes. Yet even in eighteenth century Britain, when claims and counterclaims of plagiarism were even more common than today, there were cookbooks that treated recipes as a common good to be handed on to inexperienced cooks. This may be an example of a pre-Darwinian debate between creationists and evolutionists.

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Pila, Justine. "Works of Artistic Craftsmanship in the High Court of Australia: The Exception as Paradigm Copyright Work." Federal Law Review 36, no. 3 (September 2008): 363–79. http://dx.doi.org/10.22145/flr.36.3.4.

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Johnson, T. "Battling in a virtual world: a proposal for increased copyright protection of multimedia products in Australia." Journal of Intellectual Property Law & Practice 7, no. 7 (April 19, 2012): 515–24. http://dx.doi.org/10.1093/jiplp/jps048.

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Pila, Justine. "Works of Artistic Craftsmanship in the High Court of Australia: The Exception as Paradigm Copyright Work." Federal Law Review 36, no. 3 (September 2008): 363–79. http://dx.doi.org/10.1177/0067205x0803600304.

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Faturoti, Bukola. "Re-importing the concept of ‘authorisation’ of copyright infringement to Nigeria from the UK and Australia." International Review of Law, Computers & Technology 31, no. 1 (January 2, 2017): 4–25. http://dx.doi.org/10.1080/13600869.2017.1275115.

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Chuang, Min-Tun, Ben Chang, and Hsin-Chieh Chen. "Copyright © Australian International Academic Centre, Australia Investigating Reported Social and Affective Strategy Use by EFL Learners in Virtual and Real Learning Environments." International Journal of Applied Linguistics & English Literature 3, no. 2 (February 22, 2014): 27–33. http://dx.doi.org/10.7575/aiac.ijalel.v.3n.2p.27.

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Makkar, Kashish. "Taxing the Sale of Software: Revisiting the Definition of ‘Royalty’ Under the DTAAs." Business Law Review 41, Issue 1 (February 1, 2020): 29–33. http://dx.doi.org/10.54648/bula2020004.

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The characterization of payments, for taxation, in the hands of, non-resident payees arising out of a cross-border sale of software, has always remained controversial in India. While the Revenue, contends that such payments are ‘Royalties’ for Licensing of, Copyrights, the taxpayers argue that these payments are merely, Proceeds on the Sales of Copyrighted Articles. There have been, several conflicting decisions by different Income Tax Tribunals, and High Courts that have legitimized each of these characterizations., While the Courts and Tribunals led by the Delhi, HC held for the taxpayers by characterizing these payments as, Proceeds of Sales, the Courts and Tribunals led by the, Karnataka HC held for the Revenue. Therefore, albeit in, different jurisdictions within the country, a dichotomy persisted. In an attempt to resolve this dichotomy, the Government, of India introduced a clarificatory amendment to the Indian, Income Tax Act, 1961 in 2012. However, the conflict persisted, as the amendment did not clarify and could not have, clarified the status of these payments under the Double, Taxation Avoidance Agreements (DTAAs) As a result, the, dichotomy, now limited to Non-Resident Payees whose resident, jurisdiction has a DTAA with India, still prevailed. These, jurisdictions include several Commonwealth nations such as the, UK, Australia, Malaysia, Canada, etc. and Ireland, which is, the most preferred jurisdiction to operate from for almost all the, tech corporations in the world. Therefore, this dichotomy still, affects the tax liability of the residents of these jurisdictions and, their ease of doing business with India. In this article, the author will highlight that the dichotomy,, though existent, has no basis in law. The author will, highlight that the characterization of these payments as has been, contended by the Revenue is the only legitimate characterization., This characterization not only draws support from the, established Rules of Statutory Interpretation but also promotes, the ease of doing business in India. Agreement, Consideration, Copyright, Double-Tax, Income Tax, Licensing, Literary, Payment, Royalty, Resident

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Ghafele, Roya. "Reply to George S. Ford’s ‘A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review’." Laws 9, no. 1 (January 15, 2020): 2. http://dx.doi.org/10.3390/laws9010002.

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Ford’s ‘Comments (Laws 2018, 7(4), 34; https://doi.org/10.3390/laws7040034, https://www.mdpi.com/2075-471X/7/4/34)’ are biased by a partisan approach to the issues at stake and cannot be based on scientific evidence. The article “A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore”, which Gibert and Gafelle wrote together nearly a decade ago, came under heavy criticism by George S. Ford from an organization named the Phoenix Centre for Advanced Legal and Economic Public Policy Studies in an article ‘A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review’. (subsequently ‘the fair use study’) The Fair use study was peer reviewed by LAWS and supports the hypothesis that a more flexible fair use policy is correlated with faster growth rates in private copying technology industries and fewer negative consequences than copyright holders may desire to see. The findings of the Fair use study upset Ford as well as a host of different institutions advocating for copyright owners, such as International Federation of Reproduction Rights Organizations; Motion Picture Association; Publishers Association of Australia; New Zealand Society of Authors or Recorded Music NZ-RMNZ. Ford’s article, however, neither contains novel research, nor is it an effort to update this fairly dated analysis, which reflects data nearly twenty years of age. Rather, it is an unnecessary duplication of an old analysis with only some minor modifications, which serve to show that fair use is actually not beneficial to the economy. At the end of this peculiar exercise, Ford himself admits that this analysis is meaningless. The rest of Ford’s article consists of discussing potential limitations of the Fair use study, in a manner which suggests the authors had never disclosed them (which however they had) and thus is misleading. Ford’s most fundamental point of criticism is hinged on a supposed lack of evidence regarding the parallelism assumption, which he himself admits is impossible to offer. Contrary to Ford’s analysis, the Fair use study has the merit of being fully reproducible, which is not the case for Ford’s article. Also, contrary to Ford’s article, the Fair use study has the advantage of carefully drafted limitations and of offering genuine research insights.

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Hanna, Pat, and Richard Fotheringham. "Script of Louis XI." Queensland Review 23, no. 2 (December 2016): 143–50. http://dx.doi.org/10.1017/qre.2016.45.

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The script of Louis XI used as the basis for this edition is the only known surviving version, a typescript on lined foolscap held in the National Archives of Australia, Canberra, in the Copyright Applications Series CRS A1336/1 item 14,222. It appears to have been typed from an earlier script that has not survived — probably a much-amended manuscript given numerous transcription errors, and was not subsequently corrected. As a consequence, it retains traces of that earlier version. Its title, typed in caps at the top of each page, is ‘SHELL SHOCK’, but on the first page this has been crossed through and ‘Louis XI’ written in heavy black ink, followed by ‘written and produced by GP Hanna at Cremorne Theatre Brisbane/1924’.

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Rizzi, Andrea, and Matthew Absalom. "Using online streamed audio and podcasting in L2 teaching and learning: how do they work and copyright implications." EuroCALL Review 12 (September 16, 2007): 27. http://dx.doi.org/10.4995/eurocall.2007.16361.

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<p>Providing students with contemporary, up-to-date listening experiences in L2 is an ongoing challenge for language educators. Indeed, much commercially available material is dated or presents language in an idealised and decontextualised way. Audiostreaming provides a wealth of resources which may go some way towards resolving these issues. Contemporary teaching and learning materials on an extremely wide range of topics are easily downloaded from national radio station websites and are accessible via systems such as podcasting. This paper discusses one attempt at integrating these resources into tertiary language courses and demonstrates how these can be easily and efficiently integrated into meaningful online learning tasks. In addition, we discuss the complex issue of copyright and online materials in Australia, UK (Europe) and the US.</p>

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Bobula, Joel. "Pharmacoeconomic Guidelines and Principles: An International Comparison." Journal of Pharmacy Practice 8, no. 4 (August 1995): 185–92. http://dx.doi.org/10.1177/089719009500800407.

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This article compares and contrasts the PhRMA Methodological and Conduct Principles for Pharmacoeconomic Research and the pharmacoeconomic guidelines/principles from Australia, Great Britain, and Canada. Whereas the UK Guidance is the most general and the least prescriptive of the four sets of guidelines/ principles, the Canadian Guideline is the most detailed and prescriptive in nature. The PhRMA Principles consists of a set of broad principles that will foster high quality pharmacoeconomic research without impeding further methodological development of the field. The main focus of the PhRMA Principles is to rely on full disclosure and transparency of methods to permit knowledgeable readers to judge for themselves the adequacy of the methodological approach or to alter key parameters of the analyses to determine their impact. Copyright © 1995 by W.B. Saunders Company

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Dharmatilake, Bodhi. "Reformulating the 'fair dealing' defence in copyright law to accommodate transformative musical works and maximise creativity in Australia." International Journal of Technology Policy and Law 2, no. 1 (2015): 1. http://dx.doi.org/10.1504/ijtpl.2015.067958.

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Missingham, Roxanne, and Lorena Kanellopoulos. "University presses in libraries: potential for successful marriages." OCLC Systems & Services: International digital library perspectives 30, no. 3 (August 5, 2014): 158–66. http://dx.doi.org/10.1108/oclc-01-2014-0001.

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Purpose – The purpose of this paper is to discuss the role of libraries and university presses and to present the Australian National University (ANU) Press and Library as a case study of successful structural integration. Design/methodology/approach – The paper analyses current debates about libraries as structural centres for running university presses. Taking into consideration the major areas of debate, the methodology used is to analyse the operation of the press; compare the financial parameters to two traditional Australian university presses; analyse the policy and procedures of the press; review the benefits to the university, library and press of the current operation; and outline issues for the future. Findings – Over the past 10 years, the ANU Press has developed into a major producer of open access scholarly outputs. The relationship with the Library has enabled a sharing of information, joint work on issues such as access and copyright and a platform from which integrated support for scholarly communication can occur. Research limitations/implications – The article is a detailed case study of the ANU Press. Further studies could compare the operations of other university presses that are located within universities and analyse the fit of different models. Practical implications – The model used at ANU has been used to develop two other presses in Australia, with some modifications. It can be used by other universities. Originality/value – Establishing libraries as the structural home for university presses is an area of hotly contested debate. This is a systematic review of a model of a press located within a library. It has resulted in both internal cooperation within the scholarly communication paradigm and a research impact of approximately one million downloads a year. It provides insights into the role of libraries in scholarly communication that have been the basis of assertions in current debate, providing information that will support further experimentation and more informed discussions.

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Liew, Pei Hong, and Mohd Effendi@Ewen Mohd Matora. "A Persepsi dalam Penggunaan Flipped Classroom dalam Pengajaran dan Pemudahcaraan (Pdpc): Sorotan Literatur Bersistematik." Malaysian Journal of Social Sciences and Humanities (MJSSH) 5, no. 12 (December 2, 2020): 188–200. http://dx.doi.org/10.47405/mjssh.v5i12.565.

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Tujuan artikel ini adalah untuk mengetahui penggunaan flipped classroom dalam pembelajaran dan pemudahcaraan (Pdpc) dalam tempoh 2016 hingga 2020. Satu kajian ulasan sistematik telah dijalankan untuk mendapatkan maklumat yang berkaitan dengan tajuk yang hendak dikaji dengan menggunakan pangkalan data dalam talian seperti ERIC (Education Research and Information), PQDT Online (ProQuest Dissertations and Theses Copyright), Science Direct dan MYTO. Terdapat beberapa kata kunci digunakan iaitu “flipped classroom”, “flipped classroom AND perception” dan “inverted learning” untuk mencari kajian yang berkaitan dengan tajuk melalui enjin carian dalam talian. Kajian yang dicari hanya untuk subjek matematik sahaja. Keputusan kajian mendapati penulisan yang berkaitan dari pelbagai negara seperti United Kingdom, Australia, Turki, Korea, China dan Malaysia. Manakala, fokus utama dalam menjalankan ulasan persepsi dalam penggunaan flipped classroom ini adalah mengenal pasti persepsi dari segi kemahiran, pengetahuan dan sikap. Dapatan kajian turut mendapati bahawa kemahiran dalam sifat persepsi pengguna flipped classroom aspek utama yang dikaji oleh penyelidik. Analisis yang dijalankan menggunakan 30 artikel kajian literatur secara menyeluruh menunjukkan hubungan yang positif antara persepsi dengan sifat-sifat penggunaan flipped classroom.

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Lee, J. C. J. "The ongoing design duty in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd Casting the scope of copyright infringement even wider." International Journal of Law and Information Technology 15, no. 3 (December 8, 2006): 275–98. http://dx.doi.org/10.1093/ijlit/eal020.

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