Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Dr Tyrone Berger
Legal practitioners, in-house counsel and public servants can play an active role in advising their clients or contractors that industry or technical standards may be subject to copyright protection. Parties contributing to the development of a formal industry standard should ensure that they contract to retain copyright in any contributed works, even in instances where copyright cannot be asserted in the published standard by the Standard-Setting Organisation (SSO).
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Copyright In Standards: Open Or Shut Case, Tyrone Berger
Dr Tyrone Berger
This article investigates some key problems surrounding copyright in standards. It surveys two ex ante approaches, namely the management of the underlying intellectual property rights during a standard’s development stage, and creating an exemption that is incorporated in legislation, and that provides for a compulsory licence. I further suggest an ex post notice, or opt-in approach, for copyright owners, to resolve the uncertainty around when copyright permission should be sought by users.
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Copyright, Collecting Societies And The Accc: Call For (New) Guidelines, Tyrone Berger
Dr Tyrone Berger
The Australian Competition and Consumer Commission (ACCC) released draft guidelines on copyright licensing and collecting societies in November 2006 for public comment. The purpose of the guidelines was to provide general information to potential licensees and users of copyright material. After four years since the release of the draft guidelines, this author argues that it is time for a new set of guidelines to clarify and explain their purpose.