The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting bro ....The Future of Television: Australian Legal Protection of Digital Broadcast Content. Free-to-air broadcasting performs central democratic, economic and cultural functions, with a key place in Australia's media. But technological changes pose fundamental and urgent challenges for broadcasters. By investigating mechanisms to protect digital content, the project will advance understanding of a crucial issue in the digital economy. The project will increase understanding of options for protecting broadcast content to promote innovation in content production and distribution, while not restraining reasonable content uses nor hindering innovative consumer electronics. Australian policies should foster an innovative and diverse broadcasting sector to serve Australian public interests. The project promotes this vital objective.Read moreRead less
Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, deve ....Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, develop critical academic and legal debates about the media, and clarify the parameters of lawful public speech. It promotes better legal understanding of popular media forms, which have key roles in contemporary economies and public debate.Read moreRead less
Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of inte ....Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of intellectual property. The project articulates motivations, incentive and conditions for amateur content production.Read moreRead less
Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will: ....Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will:
- Produce qualitative data about media news production practices and products in Australia and the US.
- Use the data to evaluate the role of defamation law in the media's contribution to public debate, and argue for optimal reforms to Australian defamation law.Read moreRead less
The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understandi ....The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understanding, at a time when independent media speech has great value in relation to trade, security and development. When risks of transnational defamation liability are increasing, it will assist the Australian media's coverage of three pivotal countries in the region and substantially develop the academic understanding of defamation law's effects on media content.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
Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burd ....Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burden of compensating unpaid employee entitlements is carried by the taxpayer through the General Employment Entitlements and Redundancy Scheme. Director liability provisions which make placing failing companies into voluntary administration an attractive option could relieve that burden. Read moreRead less
Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.Read moreRead less