Leanne Wiseman

Digital copying and the statutory licences in Australian universities

Since its introduction in 1983, the educational statutory licence has been revised and amended to take into account developments in copying practices within the Australian university sector, and in March 2000 a new educational licensing arrangement was entered into. The new licence sees the focus of educational copying shift away from reprographic copying to digital copying. The aim of this article is to examine briefly the current educational copying regime in Australia, looking at the licences entered into by the universities and the copyright owners, and comparing the way the new 2000 licensing agreement operates in contrast with the earlier licences. The impact of the recently enacted Copyright Amendment (Digital Agenda) Act 2000 is also examined in light of the new 2000 statutory licence and how these changes may impact upon current copying practices within Australian universities.

From Terroir to Pangkarra: geographical indications of origin and traditional knowledge

There has been a marked increase over the last few decades or so in the number of countries which recognise and protect Geographical Indications of origin (GIs). There has also been a steady expansion in the types of things that are protected. While this is not that surprising given the growing interest in slow food and traditional products, what is more surprising, at least at first glance, is the increased attention that has been given to the potential use of GIs to support and promote Indigenous interests. GIs have been associated with Indigenous traditional knowledge in two ways. Firstly, it has been suggested that they could be used as a mechanism to protect and sustain Indigenous interests. This is because, as the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore noted, some traditional cultural expressions may qualify as goods which could be protected by geographical indications. Secondly, and more ambitiously, it has also been suggested that the regimes used to regulate GIs might be used as a template on which sui generis schemes to protect Indigenous knowledge might be modelled.

Facilitating access to information: understanding the role of technology in copyright law

Copyright law is, and has always been, a creature ofteclmology. From tbe printing press, tbe telegraph and tbe camera, through to tbe phonogram, tbe photocopier, tbe tape recorder, tbe personal computer and tbe Internet, technological developments have always driven and shaped copyright law. As well as creating new types of potential subject-matter, technology is also deeply implicated in tbe definition of the subject-matter of copyright (a subject-matter d1at has constantly been renegotiated in response, in part, to technological change). Technology also provides new ways to reproduce, distribute and consume copyright works. Botb hero and villain, creator of opportunities and problems, generator of solutions as well as the means to counteract or circumvent those solutions: the role of technology in copyright law is complex, changing and contradictory. The aim of tbis chapter is to explore tbe role tbat technology plays in facilitating access to information and creative outputs. To do this we will focus on tbe 1956 British Copyright Act tbat was, in part, introduced in response to a ·variety of technological changes tbat had occurred since tbe 1911 Copyright Act was passed. More specifically we wish to look at tbe way tbat copyright law reacted and responded to two of tbese technologies: namely, television and photocopying. As well as being important topics of study in tbeir own right, tbese studies also offer insights into some of tbe problems and issues currendy confronting copyright law and policy. In part, tbis is because we are still using many of tbe legal techniques tbat were developed or modified in response to tbose technologies. They are also important because tbey can help us to assess some of tbe historical claims tbat underpin contemporary arguments and debates. Historical arguments take many forms; one of tbe most common being tbe comparative claim about how different a particular new problem is from what has gone before. For example, many claims have been made about how fundamentally different tbe problems

Trade in Education: The Role of Copyright

In Australia, as in many other countries, education is increasingly thought of in terms of trade. Given that copyright law has long functioned as a trade regulation device, it may be reasonable to expect that consideration would be given to the role that copyright may play in regulating the so-called education industry. However, the approach taken to copyright law is often disparate and confusing. This article re-examines approaches to ownership of copyright of works in universities and how copyright may be seen, not as a property right to be fought over but as a specific tool of regulation and governance.