VALA2014 Session 12 Joyce

Relying on customary practice when the law says ‘No’: justified, safe or simply ‘no go’

VALA2014 CONCURRENT SESSION 12: Learning
Thursday 6 February 2014, 10:30 – 11:00
Persistent URL: http://www.vala.org.au/vala2014-proceedings/vala2014-session-12-joyce

Tom Joyce

The University of Queensland

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VALA Peer Reviewed

Abstract

The Library, archive, cultural and educational sectors are likely to face many more years of copyright uncertainty and disconnect between copyright laws and norms. Legislative changes may narrow what has been a widening gap between the legal and the technologically possible, but evolving copyright norms are increasingly setting the boundaries of what is possible and prudent at a time when black letter law is struggling to keep pace with change.

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VALA2010 Session 8 Hudson

VALA20120Fair 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

VALA Peer Reviewed PaperEmily Hudson

Lecturer, TC Beirne School of Law, University of Queensland
http://law.uq.edu.au

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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

VALA2008 Invited PaperAustralia’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

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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.

VALA2008 Session 8 Henderson

VALA Peer Reviewed PaperDevelopment of a rights management system for the National Library of Australia’s collections

VALA 2008 CONCURRENT SESSION 8: Intellectual Property
Wednesday 6 February 2008 14:35 – 15:05
Persistent URL: http://www.vala.org.au/vala2008-proceedings/vala2008-session-8-henderson

Sandra Henderson

Executive Support Branch, National Library of Australia
http://www.nla.gov.au

Matthew Walker

Collection Infrastructure, National Library of Australia
http://www.nla.gov.au

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Abstract

This paper explains some of the work done during the Rights Management project at the National Library of Australia, looking at the background to the project, the expected benefits, the process of design and development and user engagement, and explains how some of the many challenges encountered to date have been met.

VALA2008 Session 8 Tuckfield

VALA Peer Reviewed PaperIntellectual Property/copyright, potentially more than just an elective

VALA 2008 CONCURRENT SESSION 8: Intellectual Property
Wednesday 6 February 2008 14:00 – 14:30
Persistent URL: http://www.vala.org.au/vala2008-proceedings/vala2008-session-8-tuckfield

Vanessa Tuckfield

Copyright Officer, Canberra Institute of Technology
http://www.cit.act.edu.au

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Abstract

Intellectual Property training is seen to be the domain of the legal profession. This is entirely appropriate if you believe that the only people who invent or create are scientists in laboratories supported by multinationals who take out patents to protect the developments and commercialise the outputs. This paper explores the options open to Technical and Further Education (TAFE) Libraries in relation to copyright education. Utilising the Information Literacy Guidelines places a TAFE library in a unique position to provide their institution’s copyright training across a wide range of subjects in a balanced compliant manner.