Copyright Material Research Articles

An overview of the Australian import regime for copyright material

Under Australian copyright law prior to 1991, copyright owners generally had the exclusive right to import copyright material for commercial purposes. Accordingly, permission was usually required from Australian copyright holders before copyright material such as films, software and books could be imported for sale in Australia. Over the past decade, however, the Australian government has progressively eased these restrictions for the main purposes of stimulating competition in particular markets or ensuring consumer access to certain goods. One of the main changes to the Copyright Act has been to permit, in certain circumstances, “parallel importation” which is the legal importation of non-pirated copyright subject matter for commercial use without the permission of the Australian copyright holder. Because legislative change has come in stages, the current import regime is an amalgam of different rules for different products. Importers accordingly need to be careful that they are aware of the different rules and seek permission where required. This article sets out a brief guide to the Australian copyright import regime for a range of common product groups.

Purple Beasts and Lewd Tunes: Copyright and Economic Reasoning

This paper will apply economic reasoning to illustrate some economic concepts in a number of prominent copyright decisions. A key distinction among the infringing uses inheres in the difference between (1) superseding works directly supplant sales of the original, (2) derivatives recast copyright material to a new medium that creators of original works would in general develop or license others to develop [in] traditional, reasonable, or likely to be developed markets and (3) transformative works add something new, with a further purpose or different character, altering the first with new expression, meaning, or message. Each form of infringement may presents a distinct market harm to the primary rights owner. I explore the implications of proper economic reasoning in each.

Information Underload?

Digitisation has radically enhanced our ability to copy and communicate information. As a result, it presents challenges to existing copyright law, and has precipitated a period of legislative response (represented in Australia by the Copyright Amendment [Digital Agenda] Act, 2001), and renewed contestation between copyright owners and copyright users. Copyright law seeks to balance the interests of copyright owners, who may wish to be financially compensated for the use of their intellectual property, with the wider public interest in the ready circulation of knowledge and ideas. These are issues of vital interest to universities, which have always been heavy users of copyright material, and which at the moment are vigorously investigating the potential of online delivery of their programmes. In a period of declining government funding, and global competition in tertiary education facilitated by the advent of the Internet, it is important that a restrictive copyright regime does not weaken our ability to explore the use of the Internet in education. This article argues that the authors' practical experience in developing online tertiary educational materials supports the contention by the Australian Vice Chancellors' Committee that the Digital Agenda Act inhibits educational use of the new media, through unwieldy acknowledgement requirements, potentially prohibitive cost structures and increased restrictions on usage. Practical examples of difficulties experienced and some possible solutions are provided. The article looks at other legal and protocol issues related to copyright and online delivery of tertiary education programmes, and closes with a consideration of international trends in dealing with the worldwide challenges to copyright represented by digitisation.

Optimal transform domain watermark embedding via linear programming

Invisible digital watermarks have been proposed as a method for discouraging illicit copying and distribution of copyright material. In recent years, it has been recognized that embedding information in a transform domain leads to more robust watermarks. A major difficulty in watermarking in a transform domain lies in the fact that constraints on the allowable distortion at any pixel may be specified in the spatial domain. The central contribution of the paper is the proposal of an approach which takes into account spatial domain constraints in an optimal fashion. The main idea is to structure the watermark embedding as a linear programming problem in which we wish to maximize the strength of the watermark subject to a set of linear constraints on the pixel distortions as determined by a masking function. We consider the special cases of embedding in the DCT domain and wavelet domain using the Haar wavelet and Daubechies 4-tap filter in conjunction with a masking function based on a non-stationary Gaussian model, but the algorithm is applicable to any combination of transform and masking functions. Our results indicate that the proposed approach performs well against lossy compression such as JPEG and other types of filtering which do not change the geometry of the image.

A Proposal for Simplifying United Kingdom Copyright Law

The copyright legislation of most common law countries is, in all respects, complex. How might such legislation be simplified? Is simplification necessary or even desirable? This article considers and answers these questions, using the United Kingdom copyright legislation as an example. The article begins by noting that the UK legislation is not only unnecessarily complex in its conceptual structure, but also is unjustifiably discriminatory and technologically challenged (ie found wanting in its response to digital technology). It then postulates that a simplification of the UK copyright legislation, along lines similar to that proposed for Australia's copyright law, is both a possible and a desirable way to remedy these shortcomings. The article identifies a set of principles on which a simplified copyright law should be modelled. These principles are the use of broad and inclusively defined categories of protected subject matters, the adoption of innovation thresholds based on degree of creativity, and the removal of the distinction between tangible and intangible embodiments of copyright material. The article then illustrates how these principles could be implemented in practice; this being the proposed approach. The article concludes that the proposed approach is not radical. Rather, it is argued that the proposed approach is fully consistent with the UK's obligations under the Berne Convention, and is the logical and desirable continuation of an international trend which began in 1996 with the adoption of the World Intellectual Property Organization copyright and neighbouring rights Treaties.

Virtual libraries—long overdue: the Digital Agenda Act and Australian libraries

After over seven years of discussions, consultation and debate the Copyright Amendment (Digital Agenda) Act2000 (the Digital Agenda Act) was passed through the House of Representatives and Senate on 17 August 2000. Following a transition period it came into force on 4 March 2001. At the heart of the debate concerning the Act has been the traditional concern of copyright law—how to balance the needs of copyright users and the rights of the creators of copyright material. Librarians have been at the forefront of user groups concerned about the potential impact of the Act on their clients and operations. This article focuses on the likely impact of the Act on Australian libraries in the digital age.

Course Materials Database: Integrating Information Resources into Online Teaching for Students at QUT

The Course Materials Database project at Queensland University of Technology (QUT) provides students with electronic access to the majority of their lecturer directed information resources via online teaching web pages for each subject. Resources include copyright materials, lecture notes and past exam papers. The online teaching pages also link from each student's portal on the QUT Intranet The project integrates online information resources with courseware, conveniently arranged for the student in one place. Staff from several areas of the university have collaborated to achieve this streamlined service. The paper outlines the product, the process and what was learned.

An overview of Copyright Law and Distance Education

T HE COPYRIGHT ACT OF 1976 did not anticipate copy machines, scanners, or new technologies that would change our ideas of instructional space, making the globe our classroom. The amendments (Section 110) to the Copyright Act give faculty a certain degree of freedom in using copyrighted materials copyrighted books, slides, videos, sound recordings, and other media--in their classes. The Fair Use Doctrine established criteria to determine fair use and the amount of reproduction (mostly by photocopying) of copyrighted materials for educational and scholarly purposes. The Digital Millennium Copyright Act of 1998 sought to fill in loopholes in the copyright law and promote distance education through digital technologies, including interactive digital networks, while balancing between the fights of copyright owners and the needs of users of copyrighted works. However, there were too many copyright issues that couldn't be resolved at the time. It was then left to publishers, government personnel, educators, authors, and others to work toward an acceptable solution. Until then, fair use remains a critical part of distance education. Performance and display in instruction, other educational uses of works (the provision of supplementary materials), or student downloading of course materials will continue to be subject to the fair use doctrine. It is the responsibility of the campus community to identify whether a portion of a certain copyrighted work in coursepacks, multimedia projects, and on Web sites constitutes fair use of a work. Therefore,

Introduction

The 40th annual Sanibel Symposium, organized by the faculty, students, and staff of the Quantum Theory Project of the University of Florida, was held on February 26–March 3, 2000. Again the Ponce de Leon Conference Center in St. Augustine, Florida was the site of the gathering of more than 300 scientists. The symposium followed the established format with plenary and poster sessions. A compact seven-day integrated program of quantum biology, quantum chemistry, and condensed matter physics provided for intense and lively cross-disciplinary interactions. The topics of the sessions covered by these proceedings include New Functionals and Formulations in DFT, Excited States and Currents in DFT, Nanoscale Materials and Materials by Design, Novel Processes at Surfaces and Interfaces, Quantum Dynamics of Extended Systems, Time-Dependent and Electronically Diabatic Phenomena, Density Matrix Applications, Progress in Electronic Structure Methods, Quantum Chemistry in Industry, Excited States and Photochemistry, Theoretical Inorganic Chemistry. A special nostalgia session “40 Years of Sanibel” included slides showing the original conference site at Casa Ybel on Sanibel Island and stories about “the old days.” The articles have been subjected to the ordinary refereeing procedures of The International Journal of Quantum Chemistry. The articles presented in the sessions on quantum biology and associated poster sessions are published in a separate volume of The International Journal of Quantum Chemistry. The organizers acknowledge the following sponsors for their support of the 2000 Sanibel Symposium: Army Research Office Grant #DAA 19-00-1-0020 “The views, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Department of the Army position, policy, or decision, unless so designated by other documentation.” The Office of Naval Research through Grant #N00014-001-0196 “This work relates to Department of the Navy Grant #N00014-001-0196 issued by the Office of Naval Research. The United States Government has the royalty-free license throughout the world in all copyrightable material contained herein.” DOE Grant #DE-FGO2-99ER25412 IBM Corporation HyperCube, Inc. The University of Florida Very special thanks go to the staff of the Quantum Theory Project of the University of Florida for handling the numerous administrative, clerical, and practical details. The organizers are proud to recognize the contributions of Mrs. Judy Parker, Ms. Coralu Clements, Ms. Cindy LePrell, Dr. Magnus Hedström, Mr. Mauricio Coutinho-Neto, and Mr. Kevin Shuford. All the graduate students of the Quantum Theory Project, who served as “gofers” are gratefully recognized for their contributions to the 2000 Sanibel Symposium.

The carrot v. the stick: can copyright be used to enhance access to cultural heritage resources in the networked environment?

Copyright, if used effectively, managed well and respected in business arrangements, encourages and enhances access to content in the Internet environment. But with the advent of new technologies and the emergence of a knowledge-based society, new ways of thinking are required in order to ensure that the Internet remains a ‘place’ where information can flow with few if any restrictions. Using the modern museum as example, this paper analyzes two types of intellectual property – databases and photographs – to determine whether copyright protection reduces or enhances access. It also touches briefly on some new management models which meet the needs of the users as well as the authors of copyright materials, while still fulfilling the key financial objectives of the organizations that host or provide content.

Fair dealing for criticism and review in scholarly publishing

ABSTRACTUK Copyright law (CAPD 1988) defines the requirements for qualification for copyright protection in the UK and for many of the permitted acts. A defence against infringement of copyright is provided for under the terms of fair dealing for the purposes of criticism and review, but use of this defence must be assessed on the nature and extent of the use of copyright material in each case. Industry practice and guidelines exist for use of some text material, but not for the fair dealing use of other copyright material such as images and artwork, the inclusion of which was a major change in the CAPD 1988 act from earlier UK copyright acts.

Discipline and the Death Penalty in the British Army in the War against Germany during the Second World War

On 3 August 1943, General George S. Patton, commander of the US 7 Army, visited 15th Evacuation Hospital in Sicily. While touring the hospital he met Private Charles H. Kuhl, who had recently been evacuated from 1 Division suffering from battle fatigue. Patton was incensed, called the soldier a coward and ordered him to leave the tent. When he sat motionless, the general slapped him with his gloves and personally ejected him from the tent. That evening he wrote in his diary that men like Kuhl should be shot. A week later, while visiting a second field hospital, he encountered another private suffering from battle fatigue whom he also slapped, telling him, 'You ought to be lined up against a wall and shot. In fact, I ought to shoot you myself right now, god damn you.'1 These incidents nearly wrecked Patton's career. He was compelled to make a public apology for his actions and only Eisenhower's support made it possible for him to be given command of the US 3 Army in time for the Normandy campaign. There is no recorded instance of a senior British general acting in a similar manner. On the contrary, it is now sometimes assumed that, following their own experiences of front-line service during the first world war and the publication in 1922 of the report of the War Office Enquiry into 'Shell-Shock', senior British officers during the second world war adopted a more compassionate policy towards the victims of 'battle fatigue'. The literature on discipline and the death penalty in the British army in the twentieth century stops in 1930, in the belief that, with the abolition of the death penalty for desertion, capital punishment for purely military offences ceased to be an issue which concerned the army.2 Far from equating 'battle fatigue' with cowardice, Research for this article was made possible by a Small Personal Research Grant from the British Academy. I am grateful to the Trustees of the Liddell Hart Centre for Military Archives, King's College London, for permission to refer to material in which they own the copyright. Crown copyright material appears by kind permission of the Controller of Her Majesty's Stationery Office. I have not been able to trace the copyright holder of the papers of E.P. Danger. I apologize to them and to anyone else whose copyright I may inadvertently have infringed.

Who owns the course? Online composition courses in an era of changing intellectual property policies

This article examines existing copyright law, the ambiguous case law concerning copyrightable material and educators, university policies toward patent and copyright law, and the changing nature of educational institutions in the 1990s to consider the question of who “owns” an online composition course, or any course for that matter, in the late twentieth century. I argue that composition instructors need to consider the following issues as they design and revise courses with a significant online component. Who has historically and contractually controlled course materials created by faculty members? Who owns course materials developed for particular courses? Why should the transition to networked computing environments change the nature of course materials ownership? Are there substantiative differences between materials created for a traditional composition course and an online course? The answers to these questions may fundamentally change the ways instructors create and use instructional materials.

Parallel Importing of Copyright Material in a Digital Age: Why it Should be Lawful and Why it May Never Be

Parallel Importing of Copyright Material in a Digital Age: Why it Should be Lawful and Why it May Never Be

Parallel Importing of Copyright Material in a Digital Age: Why it Should be Lawful and Why it May Never Be

Parallel Importing of Copyright Material in a Digital Age: Why it Should be Lawful and Why it May Never Be

Electronic information for students ‐the Elinor project

De Montfort University's electronic library project, code-named ELINOR (Electronic Library Information Online Retrieval) is using the latest document image processing technologies to build a document database containing the full contents of undergraduate texts, including copyright material and university documents. Access is via networked desktop workstations. The aim of the project is to develop a more efficient and effective means of accessing and sharing resources within a networked muti-campus institution. From the outset this project has involved collaboration with publishers, staff and students

The Contribution of Technology to the Identification of Rights, Especially in Sound and Audio-Visual Works: An Overview

Although there is no doubt that almost all material provided on the WWW is protected by copyright, the enforcement of the copyright owner's rights is a more difficult matter. This article considers the role that copyright management systems might play in providing for the identifiction of copyright material, the tracking of its usage and the levying of any fees required by the copyright owner. A number of existing and proposed systems are described and reference made to ongoing research projects being conducted under the auspices of the EU's ESPRIT programme.

Collecting for Creators

The importance of collective administration of performing rights for music and accompanying lyrics has grown steadily since its inception in France in the mid nineteenth century. However, the recent challenges posed by convergence of technologies and digital storage and delivery of copyright materials urgently require the imposition of clear international norms and improved cooperation between societies.

Copyright protection for materials in electronic formats: the CITED solution

ABSTRACTA way allowing access to electronically stored copyright material under controlled conditions is described—the CITED solution. The system monitors the use of the store and permits the downloading of copies of documents to authorized users.

Protection of Copyright Under Sudanese Law

Copyright, an intangible property of particular interest authors, has attracted less attention both from the Sudanese legislators and from the courts, despite the latter's quasi-legislative power decide cases not covered by existing lepslation according '4justice, equlty and good conscience'',l or principles of. . . justice . . . and good conscience.2 Bis relative lack of effort was understandable not least because publishing any sort of material in the Sudan has been, and still is, beset with technical and ecb nomic problems.3 Official consciousness for copyright protection started in the l950s and was mainly due the great interest which the Ministry of Education, as publisher of school books since 1946,, has come have in this subject. The underlpng philoso phy, culated by Attorney GenerS Mavrogordato, was twofold: comprehensiveness and confonnity with internaiional copyright law. It is desired, he advised, to have a comprehensive copyright law and one that will tie up with international conventions on the subject.4 Happily, this suggesiion has largely prevailed. The Copyri«t Proteciion Act 1974 finally completes the endeavours that had begun almost two decades earlier. This ariicle will analyse and evaluate tEs Act. The initial challenge is the delineation of the bases for proteciion; for there must always be a connection between the legislating state and the author or copyright material or both. Two steps in the creation of copyright will then be exned: the expression of ideas in tangible forrn or the subject matter, and the registration and deposit of copy of a work. These two features or consiituents of copyright are important given that they ought exist together