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An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila
An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila
Justine Pila
The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK courts. Among …
Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila
Who Owns The Intellectual Property Rights In Academic Work?, Justine Pila
Justine Pila
In this Opinion piece the ownership of intellectual property rights in university teaching and research is considered against the backdrop of British university intellectual property policies and recent cases. Starting from the position of Lord Evershed that it is "just and commonsense" that academics own the copyright in their lectures, and by extension the copyright in their research, I consider the policy arguments for university claims of ownership in respect of such copyright and academic employees' inventions.
Copyright And Its Categories Of Original Works, Justine Pila
Copyright And Its Categories Of Original Works, Justine Pila
Justine Pila
In this paper the categories of original (literary, dramatic, musical and artistic (LDMA)) works in which copyright subsists are considered, and an argument made that the Legislature's division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects of formalist theory. Those defects are outlined, and an alternative theory of works proposed, drawing on the work of …