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Full-Text Articles in Law

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 …


Copyright And Cultural Heritage - Transcripts From Bileta Conference 30 March 2009, Estelle Derclaye Mar 2009

Copyright And Cultural Heritage - Transcripts From Bileta Conference 30 March 2009, Estelle Derclaye

Estelle Derclaye

This file comprises the comments made by the panelists at the conference I organised on 30 March 2009 on copyright and cultural heritage. They can be read together and are referred to in E. Derclaye (ed), Copyright and Cultural Heritage: Preservation and Access to Works in a Digital World, E. Elgar Publishing, Cheltemham/Northampton, 2010.


Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter Dec 2008

Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter

Ben Depoorter

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …


The “Spiritual Temperature” Of Contemporary Popular Music: An Alternative To The Legal Regulation Of Death-Metal And Gangsta-Rap Lyrics, Tracy Reilly Dec 2008

The “Spiritual Temperature” Of Contemporary Popular Music: An Alternative To The Legal Regulation Of Death-Metal And Gangsta-Rap Lyrics, Tracy Reilly

Tracy Reilly

The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death metal and gangsta -rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of …