Copyright Act 1968 (Cth)
The latest Part of the Australian Intellectual Property Journal includes three interesting articles. The first article is by Dan Hunter and discusses the recent Australian Law Reform Commission report proposing a fair use defence to copyright infringement in Australia, examining the experience of fair use cases in the United States and drawing lessons from the jurisprudential history. The second article, by Kimberlee Weatherall, analyses and contextualises the conclusions of the Australian Law Reform Commission regarding the retransmission scheme and assorted broadcast exceptions, arguing that more attention should be paid to cultural policies in thinking about copyright reform. The final article comes from Bob Wright and argues that the Australian government should amend the Copyright Act 1968 (Cth) in order to introduce United States-style fair use provisions as an additional open-ended exception to copyright sitting below, and integrated with, the current fair dealing exceptions.
The latest Part of the Australian Intellectual Property Journal includes the following articles: “Fairness and balance: Lessons from Canada for the proposed Australian law of fair use” – Melissa de Zwart; “Authorisation as accessorial liability: The overlooked role of knowledge” – Joachim Dietrich; and “Trade marks for the design and layout of retail premises” – Ben McEniery. Also included in this Part is a book review from David Brennan of “Code Wars – 10 Years of P2P Software Litigation” by Rebecca Giblin.
The latest Part for the Australian Intellectual Property Journal includes three interesting articles on a range of issues relating to intellectual property. The first article, by Sarah Bellingham, analyses the constitutive aspects of the dramatic work, one of the four categories of Pt III subject matter in the Copyright Act 1968 (Cth). The second article comes from Andrew McRobert and traces the development of the Pub Squash rule in passing off and its later application to allegations of misleading or deceptive conduct. The final article, by Wellett Potter and Heather A Forrest, discusses musicological and legal perspectives on music borrowing. Not to be missed!
The first part of Volume 22 of the Australian Intellectual Property Journal includes articles on monetary remedies for patent infringement and copyright in computer-generated work in Australia. There is also a book review and a Topic of Interest about E & J Gallo Winery v Lion Nathan Australia Pty Ltd.