copyright in the digital age ian mcdonald, 19 february 2007
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Copyright in the digital age
Ian McDonald, 19 February 2007
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• Part VA
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• Part VA
… new & improved!
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• Part VA
… new & improved!
now with podcast add-on!
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checklist?
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checklist
radio or TV
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checklist
radio or TV
mark analogue copies
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checklist
radio or TVmark analogue copies
notice
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checklist
radio or TVmark analogue copies
noticeaccess
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• Part VB
QuickTime™ and aTIFF (LZW) decompressor
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• Part VB
… now new & improved!
QuickTime™ and aTIFF (LZW) decompressor
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checklist?
QuickTime™ and aTIFF (LZW) decompressor
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checklist
amount
QuickTime™ and aTIFF (LZW) decompressor
are needed to see this picture.
checklist
amount
availability
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are needed to see this picture.
checklist
amountavailability
notice
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checklist
amountavailability
noticeaccess
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• library provisions
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• library provisions
replacing
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• library provisions
replacing
online on premises
(printing only)
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• AMCOS licence
photocopying ONLY
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• AMCOS/ARIA licence
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• AMCOS/ARIA licence
still with 2003 intranet add-on!
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• section 28
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• section 28
… new & improved!
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• section 28
… new & improved!
communication for in-class performance
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• section 200AAA
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• section 200AAA
all new!
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• section 200AAA
all new!
with proxy web caching capability
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• section 200AB
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• section 200AB
all new!
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• section 200AB
all new!
just for that “special case”
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“terse and unyielding prose … of Dostoevskian difficulty”
NY Times Literary Supplement 3 January
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“it’ll make you weep… ”
SBS Movie Show 15 December
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“not for the faint-hearted ”
The Age 27 January
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“a wonderful Christmas present for all lawyers”
Lawyers Today 24 December
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background …
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Digital Agenda Act
2000
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AUSFTA
2004
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“Fair use enquiry”
2005
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educational sector’s wish list
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??200AB = (sort of) fair use??
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1 threshold
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1 threshold
3 purposes
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1 threshold
3 purposes
+
3 hoops
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1 threshold:
an existing provision isn’t available
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3 purposes:
• educational instruction
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3 purposes:
• educational instruction
• operating or maintaining a library
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3 purposes:• educational instructioneducational instruction• operating or maintaining a libraryoperating or maintaining a library• assisting someone get a copy of
something in a form or with a feature which reduces the effect of a disability
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3 hoops:
A. doesn’t conflict with normal exploitation
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3 hoops:
• doesn’t conflict with normal exploitation
• doesn’t unreasonably prejudice © owner
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3 hoops:
• doesn’t conflict with normal exploitation
• doesn’t unreasonably prejudice © owner
• a “special case”
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“simple, clean, concise rules do not exist in the law of fair use”
Kenneth Crews, Indiana University Purdue University Indianapolis
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… and section 200AB?
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and on the Net …
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Creative Commons
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CC
NEALS
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CC
NEALS
FfE
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CC
NEALS
FfE
express permission
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CC
NEALS
FfE
express permission
implied permission
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try this quick quiz …
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tv or radio?
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tv or radio
Pt VA / Screenrights
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podcasts?
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podcasts
Pt VA / Screenrights
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podcasts
Pt VA / Screenrights
BUT
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sound recordings?
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sound recordings
AMCOS/ARIA licence
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text & images?
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text & images
Pt VB / CAL
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text & images
Pt VB / CAL
licences - including CC/FfE/NEALS
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ClickView etc?
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ClickView etc
section 28
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ClickView etc
section 28BUT …
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too-hard basket?
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too-hard basket
section 200AB
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basic survival pack?
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basic survival pack
CAL “guidelines”
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basic survival pack
CAL “guidelines”Screenrights pamphlet
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basic survival pack
CAL “guidelines”Screenrights pamphlet
AMCOS Use of Music in Schools
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no extra cost add-ons?
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no extra cost add-ons
ACC info sheets
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no extra cost add-ons
ACC info sheetsNational Copyright Guidelines
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www.copyright.org.au
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www.copyright.org.au
www.smartcopying.edu.au
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