Copyright In Australia Essay

880 Words2 Pages
bulb-icon

Recommended: Importances of copyright

INTRODUCTION
Copyright is an important contributor to protection of free speech rights because it provides incentives for content creators for the continual creation of novel material. In essence, it allows content creators to freely innovate and express themselves while conferring rights towards the exclusivity of their work, without fear of others making use of their work for personal gain, thus denying them opportunity to obtain remuneration. Copyright in Australia currently runs from the lifetime of the author plus an additional seventy year after death, notably after the signing of the Australia-United States Free Trade Agreement (AUSFTA) in 2005, giving copyright owners and their beneficiaries an extended period of time to benefit from exclusivity of the work. …show more content…

Such an argument would take a form in expansion of current exemptions in the use of copyright material, namely fair use in the United States (US) and fair dealing in the United Kingdom (UK) and Australia. They both deal with the protection of copyrighted material use in different ways. The recommendation by the Australian Law reform attempts to reconcile their differences by combining both, providing more exemptions. This essay will explore the importance of having exemptions to copyright, contrast both fair dealing and fair use defences and how both serves to protect expression. Additionally, the essay will explore how the recommendations will serve, are are necessary, to improve free speech rights to users in this current epoch.
WHY HAVE EXEMPTIONS?
Copyright law appears to favour the free speech rights of content creators and rightly so. Without incentives, we may very well see original content, vital to the culture of all societies, diminish. Such a view is evident in even in the interpretation of the first amendment, hailed as the preeminent protector of free speech rights in the the US, in Harper & Row, where the verbatim publishing of former president Gerald Ford’s memoirs in the

Show More
Related

  • Injustice In Australia Essay

    759 Words  | 2 Pages

    Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.

    Read More

  • Australian Rule Of Law Essay

    1351 Words  | 3 Pages

    The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.

    Read More

  • Essay On Why Australia Should Have Bill Of Rights

    894 Words  | 2 Pages

    Law Foundation, L.F. 1997. A Bill of Rights for Australia - But do we need it? [Online]. [20th December 2016]. Available from:

    Read More

  • Indigenous Australian Land Rights Essay

    1722 Words  | 4 Pages

    Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v. the State of Queensland case and the importance behind today’s teachers understanding and including Indigenous

    Read More

  • Trends In Copyright Infringement: A Review of Two Predictive Articles

    1963 Words  | 4 Pages

    Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet.  In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law.  In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement.  In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue.  She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property.   What has happened since then?  Who was right?  This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.

    Read More

  • Legal Essay

    683 Words  | 2 Pages

    The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.

    Read More

  • Essay On Aboriginal Rights In Australia

    641 Words  | 2 Pages

    Indigenous Australians have had a controversial place throughout Australian history, with World War 1 being one of the main events in this topic. Although there were no aboriginals that went to fight in World War I, it was not that they didn't want to because of their violent history with the British, it was because the British didn't allow them to enlist for World War 1.

    Read More

  • Censorship In Australia Essay

    644 Words  | 2 Pages

    Censorship, defined as the act of destroying, suppressing or withholding information otherwise intended for the public, is detrimental to the community in a number of ways and has no place in a democratic society. Firstly, it is detrimental to the progression of social ethics, morals and ideals and limits diversity in society while prolonging ignorance. Secondly, it is a breach of freedom of expression, free speech and the free press. It will be demonstrated in this essay that censorship does happen in Australia, that it is not beneficial to society, and that it should be replaced with a system of management where members of the public will always have a choice as to whether or not they can view material intended for the public. Censorship in Australia comes about in a few ways.

    Read More

  • Punishment In Australia Essay

    546 Words  | 2 Pages

    Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.

    Read More

  • Copyright and Intellectual Property in Australia

    1703 Words  | 4 Pages

    “Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).

    Read More

  • Film Censorship in the 21st Century

    2698 Words  | 6 Pages

    In the present day, Americans have had to realize what the word “freedom” means. Whether it is recognizing our freedom as American citizens and defending ourselves against a growing threat of terrorism, or protesting war as we attempt to protect another country’s plea for freedom, all Americans have looked closer at the definition of freedom. In this heightened age of freedom and evaluating our constitutional rights, it is interesting that censorship is still a controversial issue. Perhaps the most significant examples of censorship take place in the arts. While the First Amendment considers censorship illegal, there are many ways that censorship still occurs in visual art, theatre, television, and film. Perhaps film has the most organized system of censorship found in the MPAA (Motion Picture Association of America). Chris Roth writes in his article “Three Decades of Film Censorship…right before your eyes”, that censorship by ratings is a serious First Amendment issue that deserves debate and action. The article poses many questions about the MPAA and the restrictions it places on director’s creativity. However, the most important issue it addresses is our freedom as American citizens to promote, protect, and view a diverse mosaic of ideas on screen.

    Read More

  • The Napster and Grokster Cases: Differences and Similarities

    883 Words  | 2 Pages

    Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.

    Read More

  • Attribution Essay

    702 Words  | 2 Pages

    Alexandra Kaye 5/3/14 LAQ 2 IB Psychology SL. Q: Discuss two errors in attribution. Within the social-cultural level of analysis, researchers study the social context in which behavior occurs. Humans have the natural need to understand why things happen. In order to explain why things happen, humans use attribution.

    Read More

  • Importance And Importance Of Copyright Law

    882 Words  | 2 Pages

    Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.

    Read More

  • Legal Essay

    1012 Words  | 3 Pages

    The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.

    Read More

More about Copyright In Australia Essay

Open Document