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Dr Tyrone Berger

Selected Works

2011

Copyright

Articles 1 - 2 of 2

Full-Text Articles in Law

Copyright In Standards: Open Or Shut Case, Tyrone Berger Dec 2010

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 Dec 2010

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.