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 Law Journal publishes the following material: “Causation in securities litigation” – Gerard Craddock SC; “Protecting the works of indigenous artists under copyright law and at its borders” – Mary Wyburn; and “Borrowed manners: Court etiquette and the modern lawyer” – Thomas F Gaffney. There is also a Current Issues and Recent Cases section, with Michael Lishman as Guest Editor, a Conveyancing and Property section and several book reviews.
The final Part of Volume 22 of the Australian Intellectual Property Journal includes articles on graduated response schemes and the question of parental liability; authorisation under copyright law and “the nature of any relationship”; and the US Innovative Design Protection and Piracy Prevention Act as a model for fashion design protection in Australia. Not to be missed!