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Full-Text Articles in Law

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni Oct 2010

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni

Mark Perry

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.


The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry Sep 2010

The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry

Mark Perry

Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …


Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates Oct 2009

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report …


Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry Oct 2009

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Mark Perry

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation. Intellectual property rights in primary legal materials create a dilemma for policy makers. …


Open Access Week (Retention Of Author Rights), Mark Perry Oct 2009

Open Access Week (Retention Of Author Rights), Mark Perry

Mark Perry

No abstract provided.


Book Review Of "Intellectual Proptery Rights In Eu Law: Free Movement And Competition Law, Mark Perry Jan 2009

Book Review Of "Intellectual Proptery Rights In Eu Law: Free Movement And Competition Law, Mark Perry

Mark Perry

No abstract provided.