Open access to judgments : Creative Commons licences and the Australian courts

Fitzgerald, Anne M., Hooper, Neale, Foong, Cheryl, & Fitzgerald, Brian F. (2012) Open access to judgments : Creative Commons licences and the Australian courts. Murdoch University Law Review, 19(1), p. 1.

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Internet technologies have fundamentally changed the way we obtain access to legal documents and information about the law. However, for judgments of courts and tribunals, copyright management and licensing practices have not kept pace with the digital and online technologies which are now ubiquitous in the web 2.0 era. Under the provisions of the Copyright Act 1968 and the licensing statements on the Australian courts’ websites, judgments may generally be read online, downloaded, reproduced and printed out for personal, non-commercial use or ”in house” use by an organisation. However, beyond these permitted acts, the extent to which judgments can be copied and distributed in digital form online remains unclear. Open content licences (in particular, the Creative Commons (CC) licences) offer an effective mechanism for managing copyright in judgments in a manner that supports their wide public dissemination and reuse while also protecting their integrity and accuracy.

Impact and interest:

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Full-text downloads:

493 since deposited on 03 Jan 2013
57 in the past twelve months

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ID Code: 56078
Item Type: Journal Article
Refereed: Yes
Keywords: judgments , creative commons, courts, copyright, open content, licensing, open access, copyright policies , online
ISSN: 1839-2393
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2012 Anne Fitzgerald, Neale Hooper, Cheryl Foong and Brian Fitzgerald
Copyright Statement: Licensed by Anne Fitzgerald, Neale Hooper, Cheryl Foong and Brian Fitzgerald under a Creative Commons Attribution (CC BY) 3.0 Australia licence
Deposited On: 03 Jan 2013 06:29
Last Modified: 15 Dec 2014 19:42

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