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Copyright law

Matthew Rimmer

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Full-Text Articles in Law

The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer Jan 2005

The Grey Album: Copyright Law And Digital Sampling, Matthew Rimmer

Matthew Rimmer

In the field of digital sampling, disk jockeys have shown a recent enthusiasm for 'mash-ups' - new compositions created by combining the rhythm tracks of one song and the vocal track of another. Most famously of all, DJ Danger Mouse remixed the vocals from Jay-Z's The Black Album and the Beatles' White Album and called his creation The Grey Album. The Grey Album poses a number of difficult issues regarding copyright law and digital sampling. Does such a 'mash-up' go beyond the de minimis use of a copyright work? Is The Grey Album protected by the defence of fair use …

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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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The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer Jun 2003

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …

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Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer Dec 2002

Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer

Matthew Rimmer

This article considers the challenges posed to intellectual property law by the emerging field of bioinformatics. It examines the intellectual property strategies of established biotechnology companies, such as Celera Genomics, and information technology firms entering into the marketplace, such as IBM. First this paper argues that copyright law is not irrelevant to biotechnology, as some commentators would suggest. It claims that the use of copyright law and contract law is fundamental to the protection of biomedical and genomic databases. Second this article questions whether biotechnology companies are exclusively interested in patenting genes and genetics sequences. Recent evidence suggests that biotechnology …

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Crystal Palaces: Copyright Law And Public Architecture, Matthew Rimmer Dec 2002

Crystal Palaces: Copyright Law And Public Architecture, Matthew Rimmer

Matthew Rimmer

This paper investigates copyright law and public architecture in the context of cultural institutions of Australia. Part 1 examines the case of the Sydney Opera House to illustrate the past position of architects in respect of copyright law. It goes onto consider the framework laid down by the Copyright Amendment (Moral Rights) Act 2000 (Cth) to resolve copyright disputes over moral rights and architecture. Part 2 considers the argument over the proposed renovations to the National Gallery of Australia between Dr Brian Kennedy and the original architect Colin Madigan. Part 3 finally deals with the allegations that Ashton Raggatt McDougall, …

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Daubism: Copyright Law And Artistic Works, Matthew Rimmer Nov 2002

Daubism: Copyright Law And Artistic Works, Matthew Rimmer

Matthew Rimmer

An artistic controversy over a group of landscape painters called the Daubists provided impetus for copyright law reform in Australia in the early 1990's.
In the first exhibition of Daubism in 1991 driller Jet Armstrong painted a crop circle over a painting of the Olgas by Charles Bannon - an artist, print-maker, and the father of the State Premier at the time, John Bannon. He called the resulting work, Crop Circles on a Bannon Landscape. Armstrong also inserted an inverted crucifix over a painting of the Flinders Ranges by Bannon, and renamed the work The Crop Circle Conspiracy Landscape. In …

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Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer Jul 2002

Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer

Matthew Rimmer

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

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Heretic: Copyright Law And Dramatic Works, Matthew Rimmer May 2002

Heretic: Copyright Law And Dramatic Works, Matthew Rimmer

Matthew Rimmer

The production of the play Heretic in 1996 prompted a debate over copyright and the dramatic arts in Australia. The playwright David Williamson argued that the role of the writer was supreme. Although he was willing to acknowledge the contributions of other collaborators, the playwright did not believe that these interpreters deserved copyright protection. The director Wayne Harrison advocated a more collaborative vision of the performing arts. He believed that the role of the director and the position of the producer deserved greater legal recognition. Furthermore he was also willing to countenance limited rights for performers. This article argues that …

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Shine: Copyright Law And Film, Matthew Rimmer Jul 2001

Shine: Copyright Law And Film, Matthew Rimmer

Matthew Rimmer

This article looks at the various experiences of the film-makers involved in Shine in relation to copyright policy and litigation. Part 1 considers the involvement of Jan Sardi in the campaign to get screenwriters included in the moral rights regime in the film industry. Part 2 recounts the efforts of Scott Hicks to push for directors to acquire royalties under the retransmission scheme in the Copyright Amendment (Digital Agenda) Act 2000 (Cth). Part 3 discusses the contractual dispute between independent producer Jane Scott and the distributor over the gross receipts to the film Shine. Part 4 explores the disputes over …

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The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer Aug 2000

The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer

Matthew Rimmer

This article provides an account of one of Australia's great literary hoaxes - the Demidenko affair. In particular, it focuses upon the accusations that Helen Darville plagiarised a number of historical and literary texts in her novel, The Hand That Signed The Paper. This article considers how the dispute was interpreted in three different contexts - the literary community, the legal system, and the media. Part 1 examines how writers, publishers, and editors understood the controversy in terms of the aesthetics and ethics of plagiarism. Part 2 details how lawyers framed the discussion in light of economic rights and moral …

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