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The Making of Copyright Law: Notes from an Australian Perspective

Cochrane, Thomas G. (2002) The Making of Copyright Law: Notes from an Australian Perspective. Australian Academic & Research Libraries 33(4):pp. 242-249.

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Abstract

Copyright law has become a more central concern in recent years. Australian law, having developed from its Anglo-Saxon roots, has been updated in accordance with international treaty obligations and changes described as the 'Digital Agenda'. This article generally describes the processes used and describes different ways of law making. It attributes significant appropriate influence to the library perspective in the present result in Australia. Understanding and dealing with the law of copyright is not a popular pastime. It has this in common with other aspects of commercial property and trade law, but it is, of course, a matter of greatly increasing interest in the library profession. At the 2002 meeting of the International Federation of Library Associations (IFLA), for example, it was quite noticeable that sessions on copyright matters attracted very large attendance, somewhat to the surprise of organisers whose expectations were low based on previous experience with this theme. The reason for this is, of course, the extraordinary importance and complexity of issues that have been revealed by the advent of the digital age, and which continue to excite commentary from a range of interests, by no means confined to lawmakers. As Pamela Samuelson (the well known US academic and copyright commentator) remarked at the 2002 WWW conference, '... one reason why a new politics of intellectual property is necessary is that copyright now affects everyone'.[1] This contribution considers the general principle of copyright law initially, comments on the mechanism which has developed in Australia for the review and development of change in the law before the digital age, and then reviews what has happened in the light of what has come to be known in this context as 'the digital agenda'. In doing so the broad social principles underlying copyright, together with the development of the importance of international law treaty obligations comprise significant elements in the picture.

Item Type:Journal Article
Status:Published
Refereed:Yes
Keywords:Copyright; Digital agenda; Internet treaties; Library; Libraries.
Subjects:400000 Journalism, Librarianship and Curatorial Studies > 400200 Librarianship > 400201 Librarianship
390000 Law, Justice and Law Enforcement > 390100 Law > 390114 Intellectual Property
ID Code:5
Deposited By:Callan, Paula
Deposited On:04 June 2004
Alternative Locations:http://www.alia.org.au/publishing/aarl/
Copyright Owner::Copyright 2002 (please consult author)