This paper questions the common legal assumption that Internet protocol television (IPTV) in its typical form is necessarily a service delivered using or over the Internet. It uses two aspects of Australian law – one in broadcasting and the other in copyright – to examine whether the...

Governments create and commission copyright protected material as part of their core administrative functions and they sometimes compete with the private sector as developers of commercially valuable assets. Governments also under licence copyright protected material owned and created by others....

This paper considers the legal position of internet search company Google's Book Search project, primarily from an Australian copyright law perspective. An overview of Google generally and the Book Search project specifically is provided as background to discussion on potential liability for...

In American copyright law the method of operation principle plays an important role in limiting both the subsistence of copyright and its infringement. This has been particularly important in determining the proper scope of copyright protection for functional computer programs. In Australian it...

In Burge v Swarbrick, the High Court of Australia delivered an important decision on the most elusive of works protected by copyright: the work of artistic craftsmanship (WAC). Drawing on the history and reasons for that protection, and adopting the analysis of Lord Simon in Hensher, the Court...

This paper will examine the Sony Playstation litigation in Australia where Sony claimed the device it used in its Playstation consoles was a technological protection measure ('TPM'). The outcome of the High Court of Australia decision is somewhat different from similar litigation run by Sony in...

In IceTV Pty Ltd v Nine Network Australia Pty Ltd, the High Court transformed Australian copyright law, by placing a new emphasis on the role of an author or authors in producing original works. The centrality now required to be given to authorship has focused attention on important subsidiary...

Focusing principally on the copyright law of Australia, this article aims to provide some further context for the fair dealing/fair use debate. The article raises four questions about the differences between the Australian and US approaches to permitted uses. These questions concern:...

In any countries, the legislations on copyright will provide exception of copyright infringement for a purpose of study and research. The reason for this exception is to create reconciliation between two conflicting interests: exclusive rights of authors, and public interest. On one hand,...

The richness of the internet owes much to the diversity of its content, the hosting of which is made possible by content hosts. Yet, not all that is diverse is legal. Given that copyright subsists in creative content, the digitization of content has made its duplication, adaptation and...