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Selected Works

2005

Copyright Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer Nov 2005

Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer

Matthew Rimmer

Copyright estates have been unduly empowered by the extension of the term of copyright protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish novelist, James Joyce, has been particularly aggressive in policing his revived copyrights. The keepers of the flame have relied upon threats of legal action to discourage the production of derivative works based upon the canonical texts of the novelist. The Estate has also jealously guarded the reputation of the author by vetoing the use of his work in various scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take …

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Hail To The Thief: A Tribute To Kazaa, Matthew Rimmer Mar 2005

Hail To The Thief: A Tribute To Kazaa, Matthew Rimmer

Matthew Rimmer

This paper considers the ongoing litigation against the peer to peer network Kazaa. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: 'The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users - 60 million of them - are everywhere around the world.' In frustration, copyright owners have launched copyright actions against intermediaries - like Internet Service Providers such as Verizon. They have also embarked on filing suits of …

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The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer Jan 2005

The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer

Matthew Rimmer

In the field of digital sampling, disk jockeys have shown a recent enthusiasm for 'mash-ups' - new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a 'mash-up' go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use …

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The Copyright Amendment (Film Directors' Rights) Bill 2005: A Submission To The Senate Legal And Constitutional Committee, Matthew Rimmer Jan 2005

The Copyright Amendment (Film Directors' Rights) Bill 2005: A Submission To The Senate Legal And Constitutional Committee, Matthew Rimmer

Matthew Rimmer

Despite Australia’s prodigious directing talent our Copyright Act operates under the legal fiction that there is no author of a film. Australian Screen Directors AssociationIn Australia, we've ignored the importance of directors and locked them out of copyright. Scott Hicks, the director of Shine and Snow Falling on CedarsHow can a producer be the creative force behind a work? What does he do exactly? There are very few producers who have any clue what goes on ... That's why film is such an abused medium. Paul Cox, the director of The Man of Flowers and MolokaiDirectors are key creative contributors …

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Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen Dec 2004

Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen

Alfred C. Yen

This Article analyzes and reconstructs the law of third party copyright liability as it applies to providers of peer-to-peer technology. By doing so, the Article accomplishes three things. First, it identifies doctrinal tension between broad third party copyright liability endorsed by lower courts and the Supreme Court's skepticism of such liability as expressed in Sony Corporation of America v. Universal City Studios. Second, it describes how existing interpretations of the law fail to direct judicial attention to important considerations that ought to influence the third party copyright liability of peer-to-peer providers. Third, it uses concepts borrowed from common law torts …

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Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan Dec 2004

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan

Joseph P. Liu

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal
with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

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Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah S. Tussey Dec 2004

Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah S. Tussey

Deborah S. Tussey

No abstract provided.

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Music At The Edge Of Chaos: A Complex Systems Perspective On File Sharing, Deborah S. Tussey Dec 2004

Music At The Edge Of Chaos: A Complex Systems Perspective On File Sharing, Deborah S. Tussey

Deborah S. Tussey

No abstract provided.

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