Australian Copyright Law Case Study

| |By having a vivid knowledge about these legislations, as a team leader I am responsible to incorporate| |

Copyright management and awareness Responsibility: University’s Copyright Officer a) Provide staff members with advice in regards to the management and adherence to the Australian Copyright Act 1968 (Cth) and this policy. b) Maintain and review content in this policy and the copyright obligations of the staff Licensing Information Within the Copyright Act there are two provisions with allows the University to reproduce and communicate copyrighted material in accordance with certain conditions. These two provisions are called The Part VA and Part VB Statutory License.

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develop a policy, for approval by WRMC, dealing with the compliance and enforcement of the Australian laws that adopt the approved model OHS legislation, to ensure that a nationally consistent approach is taken to compliance and enforcement

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Copyright laws apply to communication through electronic transmission if the work that is copied is intended to be retrieved and used by someone else, irrespective of whether members of the public avail themselves of that opportunity . An

In this paper, we evaluate the various applications of Australian Intellectual Property (IP) law. Special attention is given in its application in the performance of copyrighted songs in private commercial facilities, registration of new designs as well as patent ownership while in contractual employment.

Copyright laws must be flexible in addressing and supplementing the needs of Australia’s modern society. However, the failure of the existing, and outdated Copyright Act 1968 (Cwth) in fulfilling the needs of the Australian public has triggered the need for copyright reform. Copyright reform aims to reconsider the relationship between copyright, innovation, technology, research, and economic growth, where it would provide flexible laws fundamental to the broad dissemination of knowledge. Copyright laws should strike a balance between the interests of the creator and the Australian public in terms of access to knowledge, culture and education. Copyright reform aims to

• Section 232 (injunction); Section 246 (corrective advertising; management to undertake training); Section 151 (fine); Section 218 (court enforceable undertakings)

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The enforceability of copying is always an issue so even though “the rights model of the law has not changed—author are entitled to control copying — but the practical ability to enforce that right has shrunk. (Parker

In Section 107 of the US copyright law provide 4 factors that need to be considered

The term ‘fair use’ is defined by Hudson as the use of copyright material without permission from the owner for purposes that are deemed fair. In the digital economy however, new challengers arise with ‘fair use’. These challenges are due to the complex and changing nature of the digital environment, and the need for the law to remain relevant, and be clear and broadly understood in the community. Secondly, the purpose of copyright law is to stimulate creation and learning by providing incentives to create and distribute. Therefore, it is important that reforms do not change the fundamental objectives of the copyright law. The ALRC has made recommendations outlining implementation of ‘fair use’ legislation in Australia, which is intended to outline the purpose and character of copyright material that may be used without permission from the owner. The purpose of the ALRC report is build a fair and reasonable legal guidelines where copyright material can be used fairly for purposes that may not infringe copyright.

The enduring fascination for people is that they want law to be flexible in the matter of copyright. This was clearly expressed by Ed Mayo, Chief Executive of Consumer Focus quoting "UK copyright law is the oldest, but also the most out of date. Before addressing the question it’s important to look at the history and definition of UK Copyright law. It has grown from this beginning to form the main legal basis for the international publishing industry, which contributes so much to literature, learning and culture not only in the UK but it has crossed different nation’s borders.