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Modern Law Review | 2011

Creative Commons Licences, the Copyright Regime and the Online Community: Is There a Fatal Disconnect?

Susan Corbett

Creative works on the Internet (online works) present challenges to the traditional copyright model. Creative Commons licences are one response to these challenges. Despite the many positive features of Creative Commons licences, certain aspects have attracted criticism. The flaws in Creative Commons licences are a symptom of a broader failure of the copyright system itself to engage with the community. Creative Commons licences operate within the traditional copyright model, despite having some resonance with a developing copyright paradigm. Yet many concepts of copyright are not understood by the wider community; indeed, some remain a source of ongoing debate within the legal academy. Furthermore, there is evidence that community norms and expectations in relation to online works conflict with the legal environment provided by copyright law. The author argues that until these issues are addressed, an attempt to reconceptualise the legal environment by working within its constraints is unlikely to be successful.


Archive | 2016

Digital v analogue: reconceptualising the orphan works problem for cultural heritage institutions

Susan Corbett

For cultural heritage institutions (CHIs) the divide between material and immaterial is epitomised by the impact of digital technologies. Ideally, in line with theories of cultural property and the objectives of CHIs, CHIs should be able to make use of the enhanced opportunities provided by digital technologies for effective archiving and preservation and for increased public accessibility to their collections. In practice however due to large numbers of works that are copyright orphan works in their collections, CHIs are legally unable to do this because effective digital archiving requires that many copies be made of the physical item. Permitted uses for archiving and preservation in copyright laws generally permit only one copy to be made for preservation purposes and strictly limit its availability to the public. Furthermore, there is no permitted use that would allow a digital copy to be made and posted online for improved public accessibility. Wary of the unsupportive legal environment, some CHIs have adopted a policy of accepting works for their collections only if the copyright owner of the work signs a release permitting the CHI to digitise the work for its objectives. This new policy creates a gate-keeping role which cannot be justified by cultural heritage theories and reinforces the need for urgent solutions to the orphan works problem. This chapter describes and critiques recent initiatives which are intended to address the orphan works problem generally and explains why they may not be practicable for budget-constrained CHIs. The chapter also explains why a solution is particularly urgent for immaterial ‘born-digital’ orphan works.


Prometheus | 2011

Curation nation: how to win in a world where consumers are creators

Susan Corbett

ent offers detailed state-of-the-art information on the invention. Patents are supposed to be a major source, not just of technical information, but also of competitive intelligence about the technology, and about the individuals and organisations active in that technology. There is a strong argument that the vast numbers of poorly drafted, or too widely drafted, patents being published in the US are polluting that invaluable source of information. The authors mention nothing about this deleterious side effect of a poorly enforced patent system. But perhaps most surprising of all, they fail to address the most obvious solution to the large number of poor patents emanating from the US – that US patent examiners spend more time checking the prior art and rejecting or amending dubious patents. Yes, this will cost money as more patent examiners would be needed, but in my view, that would still be a genuine saving over the economic costs of uncertainty and confusion, as well as the deterrent effects on further research, caused by a profusion of dubious patents. The book has a few minor errors. For example, it states that chemical patents typically protect a single chemical, or a new use for a single chemical, when most cover thousands or sometimes millions of closely related chemicals. The book also states that a patent issued in 1890 was Edwardian when, of course, it was Victorian. There is also occasional repetition of paragraphs between chapters. Overall, then, this book provides useful and interesting background to the rationale for having a patent system, and provides a lot of evidence of poor patenting practice in the US. However, it fails to consider one key side effect (that of pollution of information) or an obvious solution (better patent examining). As will be clear from the book’s title, the authors argue that the best way to address some of the flagrant abuses of the US patent system is not through changing the law (and in any case, the scope for change is somewhat restricted because of the country’s international commitments), but by means of the US courts. The US courts should be a back up for addressing the US patent crisis, not the first port of call.


Archive | 2011

Legal Protection for the Database: Is There A Better Way?

Bronwyn Howell; Susan Corbett; Mina Moayyed

The business database is a valuable commodity. However without adequate legal protection the economic incentives required to invest in their creation ongoing updating and maintenance will be absent. The underlying objectives of many business databases can only be achieved if they are made accessible to the public; these databases are particularly vulnerable to misuse. Although copyright law provides protection for the original structure and format of a database judicial decisions in this area reveal many inconsistencies. In addition traditional copyright law fails to address the complexity of features found in a modern database. In this article we examine decisions from the European Union the United States and Australia and conclude that traditional copyright protection for the modern database is inappropriate. We analyse the structure of the 21st century business database and explain how copyright could protect specific features of this structure in a more nuanced fashion. As an alternative we consider the use of compulsory licensing as a suitable tool for protecting the economic value of the database.


The Journal of Business Law | 2010

Events Management in New Zealand: One Law to Rule Them All?

Susan Corbett; Yvonne van Roy


Computer Law & Security Review | 2013

The Retention of Personal Information Online: A Call for International Regulation of Privacy Law

Susan Corbett


Archive | 2006

Digital Heritage: Legal Barriers to Conserving New Zealand’s Early Video Games

Susan Corbett


International Journal of Technology and Design Education | 2010

Intellectual property: what do teachers and students know?

Louise Starkey; Susan Corbett; Ann Bondy; Susan Davidson


Law in context | 2013

Copyright norms and flexibilities and the digitisation practices of New Zealand museums

Susan Corbett


Archive | 2012

The Digital Museum and Copyright Law: Can There Be Reconciliation?

Susan Corbett

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Bronwyn Howell

Victoria University of Wellington

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Ann Bondy

Victoria University of Wellington

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Louise Starkey

Victoria University of Wellington

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Mark Boddington

Victoria University of Wellington

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Susan Davidson

Victoria University of Wellington

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Susy Frankel

Victoria University of Wellington

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