Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. ....Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. However there is no current study of the status of the entertainment franchise under Australian intellectual property law. With Australian imports of cultural products at an all-time high and with local productions increasingly geared towards worldwide audiences, this study critically evaluates how Australian law fits with the realities of the global entertainment marketplace.Read moreRead less
Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in ma ....Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in maps, charts and plans in Australia and the United Kingdom. It aims to highlight the ways in which copyright and the cultural field shape each other and the significance of this for geographic knowledge. The project is designed to engage with contemporary efforts to reform copyright law and policy relating to geographic data.Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal ....Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.Read moreRead less
Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's cr ....Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's creative capability both depend on providing adequate incentives for content production while granting access to creative material as a resource for new production. The project will assist Australia better manage its digital cultural collections and balance the interests of creators, institutions and public accessibility.Read moreRead less
Unlocking IP - Expanding public rights and the public domain in Australian copyright. This research investigates how Australia's digital commons, comprising both the public domain and public rights created by open content and open software licensing, can be expanded and protected. It focuses on 'self help' actions within the existing statutory context, in Australia's distinct legal and cultural context, and on comprehensiveness. Its significance is that healthy commons-based production of inform ....Unlocking IP - Expanding public rights and the public domain in Australian copyright. This research investigates how Australia's digital commons, comprising both the public domain and public rights created by open content and open software licensing, can be expanded and protected. It focuses on 'self help' actions within the existing statutory context, in Australia's distinct legal and cultural context, and on comprehensiveness. Its significance is that healthy commons-based production of information is essential to Australia as an innovative country and a democracy. The principal outcomes will be better understood and more efficient public rights licences, incentives to copyright owners to create them, and technical aids to allow users to find commons content.Read moreRead less
Intangible cultural heritage across borders: laws, structures and strategies in China and its Association of Southeast Asian Nations neighbours. This project explores the way selected Asian countries have implemented international concepts regarding intangible cultural heritage and how cross-border conflicts about heritage have resulted from different interpretations of related 'rights'. This project develops proposals for international reconciliation and cooperation in heritage protection.
Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The pro ....Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The project makes a unique and significant contribution to the history of Australian copyright law, a long neglected area of research. It builds a better understanding of the legal foundations to commercial success. Misunderstanding in this area currently causes difficulties in law reform processes.Read moreRead less
Melanesian Popular Music, Local Recording Industries and Copyright. Australia has recently begun to express heightened concern for the social and economic sustainability of its Melanesian regional neighbours. Along with providing aid and peace-keeping forces, we are now exploring the distinctive forms of local socio-economic practices. These practices resist easy incorporation into Australian or broader Western norms. The project aims for informed dialogue and debate to better understand local c ....Melanesian Popular Music, Local Recording Industries and Copyright. Australia has recently begun to express heightened concern for the social and economic sustainability of its Melanesian regional neighbours. Along with providing aid and peace-keeping forces, we are now exploring the distinctive forms of local socio-economic practices. These practices resist easy incorporation into Australian or broader Western norms. The project aims for informed dialogue and debate to better understand local cultural and industrial practices. It will be of significant benefit to Australia in its engagement with the cultures of Papua New Guinea, the Solomon Islands, Vanuatu and Fiji. Read moreRead less