Unlocking IP conference - 18-19 November 2004New models for sharing and trading intellectual property
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Speakers for session 5

Session 5A: Business models for sharing content

Good ideas need good business models if they are to be successfully implemented. This practical workshop will draw on the expertise and experience of two of Australia’s leading practitioners in this field. At the end of the workshop participants will be thoroughly versed in all the business issues associated with sharing content.

Dr Roger Clarke
Xamax Consultancy Pty Ltd

[An abstract and slides are available via Roger's web site.]

Roger Clarke is a consultant in strategic and policy aspects of eBusiness, information infrastructure, and dataveillance and privacy. He is also Chair of AEShareNet Limited, and Visiting Professor in the Baker & McKenzie Cyberspace Law & Policy Centre at U.N.S.W., and in eCommerce at the University of Hong Kong.


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David Jonas
Convergence e-Business Solutions Pty Ltd

David Jonas is a consultant and journalist specialising in the cross-over area between business and technology.  David has been involved, for over 20 years, in e-business projects and related initiatives in Australia, Africa, Asia and Europe including seven years as CTO/CIO of a large multinational group and 9 years as Founder/CEO of ETC Electronic Trading Concepts. David has acted as project director on many large-scale cross-sectoral ecommerce projects for State, Commonwealth and Local governments, as well as large industry sectors.

David developed some of the earliest university courseware in the world in the area of ecommerce for Deakin and Monash Universities, and is a frequent lecturer and conference speaker.

Today, David's consulting is done under the banner of Convergence e-Business Solutions Pty Limited, an information economy advisory firm, of which he is a principal and director.

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Session 5B: Rethinking copyright's public domain - legal theory

Chair: Dr Kathy Bowrey

Kathy Bowrey works in the area of intellectual property and technology law, with a strong interest in the broader socio-political and cultural contexts of the law. Professional affiliations include the Communications Law Centre, an independent, non-profit, public interest organisation specialising in media, communications and online law and policy, the Baker & McKenzie Cyberspace Law and Policy Centre and the "New Directions In Copyright Law" Research Network, Birkbeck School of Law, University of London. Her book "Law & Internet Cultures" will be published by Cambridge University Press in 2004/05.


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Public Culture/Private Culture: Copyright law, Creative Commons and the Elusive Role of the Public Domain

Kimberley Weatherall,
Associate Director (Law), IPRIA

Drawing on recent US academic discussion on the public domain, this paper seeks to understand the relationship between 'copyright-land', the public domain and the creative commons licenses in an Australian context. I discuss what we mean when we refer to the 'public domain', what interests it seeks to serve. We need a better understanding of the values the 'public domain' serves. We also need a better understanding of how copyright, the public domain, and the open content licenses 'fit together', in terms of the policies that underlie copyright law. In light of the current debate about the scope of copyright law in Australia, post-FTA, I ask whether such licences go far enough: do they really 'unlock IP', or do we also need to be discussing other means for recognizing those interests within copyright law.

Kimberlee Weatherall is the Associate Director (Law) at the Intellectual Property Research Institute of Australia, (IPRIA) an interdisciplinary research centre based at the University of Melbourne. At IPRIA Kim leads research projects on intellectual property issues, in particular an empirical research project on IP Enforcement. Before joining IPRIA, Kim studied intellectual property at Oxford and Yale University, and was a lecturer in Commercial Law at the University of Sydney Law School.

Kim now also lectures at the Melbourne University Law School, in intellectual property and information technology law. She has published and spoken on a wide range of intellectual property issues, from indigenous interests in traditional designs, to the US-Australia Free Trade Agreement, and copyright in a digital age. She is a regular commentator on intellectual property issues, through the media and her own web log, Weatherall's Law. See Weatherall's Law for recent relevant articles.

K. Weatherall, 'Submission to the Senate Select Committee on the Australia-United States Free Trade Agreement' (2004) K.. Weatherall, 'Supplementary Submission to the Senate Select Committee on the Australia-United States Free Trade Agreement' (2004)

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Prof Michael Pendleton,
Professor of Law, Law Faculty, Murdoch University, Western Australia


The Copyright Balance – Contracting out of Fair Dealing and other Exceptions and Crown Copyright

Inherent in copyright law is what may be termed the “copyright balance”. Copyright law represents a dynamic balance between “creators” of information, their competitors and the consumers of this information. Preserving this balance requires constant vigilance. Contracts, whether online or off line, frequently purport to contract out of defences available under copyright legislation, such as fair dealing, and other exceptions to infringement. This practice substantially skews the copyright balance in favour of creators.

The executive government in Australia and elsewhere (the Crown in right of state and federal government) claims copyright in a vast amount of information such as legislation, case law, regulations, tide tables and the like. The copyright term of some of this information is perpetual. There is a case that the copyright balance is severely undermined.

Michael Pendleton is a former Chairman of the Law Reform Commission of Western Australia, a member of the Federal Attorney General's Copyright Law Review Committee, and of the Intellectual Property Committees of the Law Council of Australia and the Law Society of Western Australia. He is also a legal practitioner in jurisdictions in Australia, the UK and Hong Kong.

In a review of Professor Pendleton's 1984 book 'Law of Intellectual and Industrial Property in Hong Kong', the late Dr Steven Stewart QC, Director of the Common Law Institute for Intellectual Property in London described it as only the second anywhere in the world on intellectual property in the modern unified sense of the word and concept. Prior to this there were books solely on trademarks, or patents, or copyright, or designs, or trade secrets, but never as a totality.

He has written eight books on intellectual property published by Lexis Nexis Butterworths, Sweet & Maxwell and CCH International, and over one hundred articles.

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Professor Graham Greenleaf
UNSW Law Faculty, Co-director, Baker & McKenzie Cyberspace Law and Policy Centre

Law as part of the democratic commons

Link to materials.

Commons need concepts to match their complexity. Some types of information making up the public domain are very different from the 'creative commons': there is little creative about them; their uses are primarily non-creative; the rationale for their commonality and the mechanisms by which they enter the public domain are very different from creative works. Some essential legal information is like this: authoritative rather than creative in both origins and use; and available - or not - depending on Crown copyright doctrines and continuous data streams from officialdom to republishers, rather than term expiry or (usually) voluntary licensing. How do we conceptualise the 'democratic commons', and what are its constituents?

Graham Greenleaf is a Professor of Law at UNSW where he teaches most aspects of cyberspace law and the computerisation of law. His main research interests in cyberspace law are in privacy and intellectual property. He teaches courses on Internet governance, Internet content regulation, privacy and surveillance, legal research, and computerisation of law.

He is a co-director of the Australasian Legal Information Institute (AustLII) and the WorldLII Legal Information Institute (WorldLII), and the General Editor of Privacy Law & Policy Reporter. He is also foundation co-director of UNSW Law Faculty's Baker & McKenzie Cyberspace Law and Policy Centre, which is co-hosting this conference.


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click here for early bird rates details

The University of New South Wales
  Co-hosted by
Cyberspace Law and Policy Centre AEShareNer Net Working 2004