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Matthew Rimmer

2004

Copyright law

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Full-Text Articles in Law

Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer Aug 2004

Canadian Rhapsody: Copyright Law And Research Libraries, Matthew Rimmer

Matthew Rimmer

This article considers the ground-breaking Supreme Court of Canada decision in CCH Canadian Limited v. The Law Society of Upper Canada. The matter involved legal publishers bringing an action for copyright infringement against the Law Society of Upper Canada for operating a photocopy and custom copy service at the Great Library of Osgoode Hall. The Supreme Court of Canada decision laid down important precedents in relation to originality, authorisation, and the defence of fair dealing. The ruling has been hailed as 'one of the strongest pro-user rights decisions from any high court in the world, showing what it means to …

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Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer Aug 2004

Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer

Matthew Rimmer

This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia. Section II considers the use of copyright law, moral rights provisions and consumer protection laws to protect Indigenous cultural property in Australia. It suggests that there needs to be additional protection under trademark law - especially to deal with problems concerning communal ownership, material form and duration of protection. Section III evaluates the efficacy of the scheme for marks of authenticity established by the National Indigenous Arts Advocacy Association in November 1999. It contends that there were practical problems with the implementation of the scheme …

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