1,721,050 research outputs found
A Relational Theory of Authorship
No full textOver the years we have heard the debate as to whether authorship emanates solely from the individual or from the cultural context in which they inhabit. Writers such as Professors Woodmansee, Jaszi and Cohen have asserted a cultural theory of authorship. On one hand, there is the liberal philosophy of autonomous creativity evidenced in the notion of a "romantic author" (after the period known as romanticism). On the other hand we have more of a communitarian notion – that the author acts in a cultural context and authorship to some extent must be linked back to the social existence within which the author is situated.\ud
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This article argues that for too long we have privileged the notion of the romantic author so much so that it is hard to argue for any other approach to copyright than one that focuses primarily on the author and their assignees such as publishers or associated commercialising agents such as recording companies. Furthermore it suggests that this approach fits awkwardly with the burgeoning networked society fuelled by the Internet to the point where it threatens innovation and the potential for productivity. To this end the article argues that we should more explicitly acknowledge the contribution of culture to authorship and more so the role of each and every individual in assisting and nurturing that authorship, as well as the contribution of users to creativity through consumptive, productive and transformative use of copyright works
Legal framework for e-research : realising the potential
No full textLegal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative agreements and data management
Third Party Copyright and Public Information Infrastructure/Registries: How Much Copyright Tax Must the Public Pay?
No full textIn a case currently before the High Court of Australia (Copyright Agency Limited (CAL) v NSW ) the fundamental question at issue is whether the owner (in this case surveyors) of copyright material (in this case land survey plans) that is submitted as part of a public register (in this case the land titles registry) with all the benefits that entails, should nonetheless have the right to charge the government and end users every time they reproduce or communicate that material to the public. This book chapter examines the merits of this claim
Free software as a democratic principle
No full textSoftware forms an important part of the interface between citizens and their government. An increasing amount of government functions are being performed, controlled, or delivered electronically. This software, like all language, is never value-neutral, but must, to some extent, reflect the values of the coder and proprietor. The move that many governments are making towards e-governance, and the increasing reliance that is being placed upon software in government, necessitates a rethinking of the relationships of power and control that are embodied in software
CIVIL JURISDICTION, INTELLECTUAL PROPERTY AND THE INTERNET
Full text linkAt the core of the civil litigation system is the notion of jurisdiction. In a narrow sense it refers to whether a court has the authority to hear a case in relation to specific people and activities (subject matter) but in a broader sense it also encompasses what law should be applied (choice of law), whether the court is a suitable court to hear the case (choice of court) and the enforcement of judgements. The notion of jurisdiction provides a tool for efficiently managing litigation and traditionally has been based upon notions of connection to a particular territory. In the global transnational world of the Internet the concept of jurisdiction has struggled to find a sensible meaning.1 Does jurisdiction lie everywhere that the Internet runs or is it more narrowly defined? In this chapter we examine recent cases concerning jurisdiction and the Internet before the courts of the People’s Republic of China (PRC) in matters relating to intellectual property. We also consider decisions in Australia and the United States of America (US) and international developments in the area
Intellectual Property in principle
No full textProvides a succinct contemporary account of the essential principles of all forms of intellectual property recognised in Australian law and incorporates recent international developments and numerous legislative amendments from recent years. Intended for use primarily in undergraduates law courses
Creative Commons: accessing, negotiating and remixing online content
No full textOverview of the Creative Commons project
When should unconstitutionality mean void ab initio?
No full textThis article considers the effect of a court determination that a law is unconstitutional. It looks at how activities that have been regulated pursuant to the unconstitutional law should be dealt with. It considers whether the legislation should be void ab initio (from the beginning) or only de futuro (in the future - prospective over-ruling). \ud
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Unjust enrichment as a principle of Australian constitutionalism
No full textThis article examines the central role of unjust enrichment in Australian constitutionalism.\ud
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The Australian Constitution, amongst other things, divides the legislative powers of the Australian federal system between the Commonwealth (central) and State (regional) governments. Section 51 Constitution provides that the Commonwealth Parliament shall have power to make laws for the peace, order, and good government of the Commonwealth with respect to an enumerated list of powers. One of the enumerated legislative powers of the Commonwealth is the power to make laws with respect to the "acquisition of property on just terms from any State or person ...". The provision operates firstly to give the Commonwealth power to acquire property and secondly as an individual right or guarantee of just terms; that is as a constitutional protection of the right to private property..
Ultra Vires as an Unjust Factor in the Law of Unjust Enrichment
No full textThis article examines the application of unjust enrichment and restitution law to ultra vires government acts. It posits a general theory about how courts should deal with the effect of unconstitutionality
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