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Tag Archives: Emily Hudson
VALA2010 Session 8 Hudson
Fair use, fair dealing and Section 200AB: what overseas experience teaches us about Australian copyright law
VALA 2010 CONCURRENT SESSION 8 – Intellectual Property
Wednesday 10 February 2010 13:45 – 14:15
Persistent URL: http://www.vala.org.au/vala2010-proceedings/vala2010-session-8-hudson
Emily Hudson
Lecturer, TC Beirne School of Law, University of Queensland
http://law.uq.edu.au
Please tag your comments, tweets, and blog posts about this session: #VALA2010
VALA2010 Session 8 Hudson Paper 59.17 KB- VALA2010 Session 8 Hudson Presentation 106.95 KB
VALA2010 Session 8 Hudson Podcast 14.04 MB
Abstract
In December 2009, the Australian Copyright Act was amended to introduce a new exception for cultural institutions: Section 200AB. This Section adopts a far more open-ended drafting style than the existing libraries and archives provisions, and was introduced with the intention of capturing some of the benefits of a flexible exception. However, the operation of Section 200AB has been a matter of debate, because of uncertainties in its application. The aim of this paper is to explore how Section 200AB can become a meaningful part of copyright management. The paper includes discussions of fieldwork with US institutions about fair-use practice, which may provide guidance to Australian counterparts.
VALA2008 Session 8 Hudson
Australia’s new flexible copyright exception: open-ended in name only?
VALA 2008 CONCURRENT SESSION 8: Intellectual Property
Wednesday 6 February 2008 15:10 – 15:40
Persistent URL: http://www.vala.org.au/vala2008-proceedings/vala2008-session-8-hudson
Emily Hudson
Senior Fellow, The University of Melbourne Law School
http://www.law.unimelb.edu.au
Please tag your comments, tweets, and blob posts about this session: #VALA2008
View Paper [Not available]
VALA2008 Session 8 Hudson Podcast 10 MB
Abstract
Almost a year after its introduction, many questions remain about the scope and interpretation of section 200AB of the Copyright Act 1968: the new ‘flexible’ exception for educational and cultural institutions. Unlike existing exceptions, section 200AB is drafted using a more open-ended approach, and may therefore apply to a range of activities undertaken for administrative, preservation and access purposes. But how open-ended will the exception be in practice? This presentation discusses this question, including with reference to preliminary results of a PhD project considering cultural institution law and practice in the United States and Canada, which may help identify important lessons for Australia.