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...

This paper examines the Canadian public consultations on copyright reform that took place in the summer of 2001: who participated in the public consultations, how new copyright communities used the Internet to organize, and how they represented themselves in the public consultations. Who is "the...

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:...

This submission responds to two proposals by the Australian government to address online copyright infringement (1) expanding secondary liability for copyright infringement (the doctrine of authorisation) to increase the ‘incentives’ for network access providers to ‘cooperate’ with...

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...

This article considers the radical, sweeping changes to Australian copyright law wrought by the Australia-United States Free Trade Agreement 2004 (AUSFTA). It contends that the agreement will result in a "piracy of the public domain". Under this new regime, copyright owners will be able to...

Interest in the Droit de Suite, the artist's resale royalty, has been re-kindled by the decision of the European Union to introduce such a scheme to apply from 2006. The general nature of the Droit de Suite as an extension of copyright is discussed. The specific proposals for a Droit de Suite in...

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...

Today’s marketplaces for creative products are anything but homogeneous. Products, actors, structure – virtually any market for products of the human mind (seen in light of potential copy-right protection) is unique and in flux. Yet, legal doctrine still offers a largely uniform level of...