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.
http://www.xamax.com.au/
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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.
http://www.comslaw.org.au/
http://www.copyright.bbkac.uk/
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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
http://wwwlaw.murdoch.edu.au/apipli/staff.htm
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.
http://www2.austlii.edu.au/~graham/
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