*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n The latest issue of the Australian Intellectual Property Journal<\/em>\u00c2\u00a0(Volume 28 Part 3) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c General Editor: Professor David Lindsay <\/em><\/p>\n The Copyright Tribunal as Exception-maker: Are Both Flexibility and Certainty Achievable? <\/strong><\/em><\/a>\u00e2\u20ac\u201c David J Brennan<\/p>\n This article proposes an approach to address the current fair use impasse in Australia. This is by the conferral of delegated legislative power upon the Copyright Tribunal of Australia for it to periodically determine new public interest exceptions. The reform would require, for separation of powers reasons, that the Tribunal be reconstituted to perform such a legislative function. The proposal is one that navigates a course between the current law and the open slather adoption of US-style fair use recommended by the Australian Law Reform Commission by creating a public interest rulemaking power within an existing Australian copyright institution. It is also proposed to use as the vehicle for the delegation of power an overhauled s 200AB, so that the three-step test no longer nakedly applies in domestic law, but instead operates as criteria to inform the legislative choices of the Tribunal.<\/p>\n \u00e2\u20ac\u0153This Is a Complex Issue\u00e2\u20ac\u009d: A Few More Questions about Fair Use <\/strong><\/em><\/a>\u00e2\u20ac\u201c Graeme Austin<\/p>\n Taking the lead from the government\u00e2\u20ac\u2122s comment that the scope of copyright exceptions is a \u00e2\u20ac\u0153complex issue\u00e2\u20ac\u009d, this article raises three questions that could benefit from further discussion during deliberations on the Productivity Commission\u00e2\u20ac\u2122s recommendation that a US-style fair use standard be incorporated into Australian copyright law. First, it asks whether Australian courts would derive much guidance from US case law, given the doctrinal uncertainty that exists in US fair use jurisprudence. Second, it questions whether an Australian version of fair use would necessarily be applied in cases involving new technological uses of copyright protected works, rather than the production of new works of authorship. Third, it asks whether sufficient attention has been given in the fair use debate to the incentives needed to create functioning markets for copyright-protected works.<\/p>\n Three Steps to a Safer Harbour in International Copyright Law <\/strong><\/em><\/a>\u00e2\u20ac\u201c Fiona Phillips<\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: AIPJ Vol 28 No 3 Contents<\/a>.<\/p>\nArticles<\/h3>\n