The Balancing Act of Copyright: The Copyright Laws of Australia and the United States in the Digital Era

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups. This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and fair use have had any utility in the digital era. As common law nations, the copyright laws of both jurisdictions are derived from the Statute of Anne 1710 of the United Kingdom which sought to balance the interests of users and owners so as to maximise the social and economic benefits from the creation and use of intellectual materials. Both the United States and Australia have long been committed to balancing the interests of stakeholders in copyright. This balance looks to be increasingly imperilled in the digital era This paper was prepared in November 2003 as part of the course requirements for International Intellectual Property with Professor Madhavi Sunder. Subsequent to the completion of the paper Australia and the United States concluded the Australia-United States Free Trade Agreement (AUSFTA) which required some changes to the Australian Copyright Act 1968. Where relevant those changes have been noted

The Balancing Act of Copyright: The Copyright Laws of Australia and the United States in the Digital Era

The digital era has posed a unique challenge to copyright law. The emergence of the information technology revolution and the internet has increased the ability and the willingness of copyright users to copy and distribute protected material. In response to this phenomenon copyright owners have pushed for stronger laws to protect their content from infringement. Their success has prompted a strong counter reaction from copyright users and consumer groups. This paper seeks to examine how changes to Australian and US copyright law have resulted in an imbalance between owners and users and whether the traditional safeguards of fair dealing and fair use have had any utility in the digital era. As common law nations, the copyright laws of both jurisdictions are derived from the Statute of Anne 1710 of the United Kingdom which sought to balance the interests of users and owners so as to maximise the social and economic benefits from the creation and use of intellectual materials. Both the United States and Australia have long been committed to balancing the interests of stakeholders in copyright. This balance looks to be increasingly imperilled in the digital era This paper was prepared in November 2003 as part of the course requirements for International Intellectual Property with Professor Madhavi Sunder. Subsequent to the completion of the paper Australia and the United States concluded the Australia-United States Free Trade Agreement (AUSFTA) which required some changes to the Australian Copyright Act 1968. Where relevant those changes have been noted

Regulatory insights on artificial intelligence: research for policy

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 34:004.8 R344iCoordenado por: Mark Findlay, Jolyon Ford, Josephine Seah e Dilan Thampapilla

Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sector

There is an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development. The argument for greater access to, and reuse of, research outputs is reinforced by the fact that much research in Australia is funded by public money and, consequently, that there is a public benefit to be served by allowing citizens to access the outputs they have funded.2 This recognition poses both legal and policy challenges, in terms of existing legal frameworks such as copyright law and traditional business models. With the rise of networked digital technologies our knowledge landscape and innovation system is becoming more and more reliant on best practice copyright management strategies and there is a need to accommodate both the demands for open sharing of knowledge and traditional commercialisation models. As a result, new business models that support and promote open innovation are rapidly emerging. This chapter analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as journal articles and theses. It overviews the new knowledge landscape, the principles of copyright law, the concept of open access to knowledge, the recently developed open content models of copyright licensing and the challenges faced in providing greater access to knowledge and research outputs

The Emergence of an Access Right in Australian Copyright Law

This paper explores the emergence of an access right in relation to technology protection measures under Australian copyright law. The paper argues that an access right is a neighbouring right to copyright