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Abstract:
This article explores the often untapped relationship between trade mark law, language and culture from a cultural theory perspective. Of the few works that employ cultural theory as an interpretive background, there has been an overwhelming rejection that private rights in trade marks should be recognised beyond the current state of the law. Some cultural theorists even suggest that existing trade mark protection goes too far. This article attempts to curb this academic tendency by showing that trade mark rights might not be as harmful to culture and cultural expression as perhaps first thought. In fact, it is argued that a carefully adapted trade mark dilution right might satisfy a cultural public interest in facilitating speech by preventing the dilution of a trade mark's expressive function.

trademarks, language, culture, cultural theory

Abstract:
Comments on the Australian Full Federal Court judgment in Universal Music Australia Pty Ltd v. Cooper on whether a website proprietor committed secondary copyright infringement by authorizing infringement, if the website contained hyper-links to copyright recorded music, which the website users downloaded without the copyright proprietor's consent. Discusses whether the website proprietor had the power to prevent copyright infringement. Considers whether the website was designed specifically to facilitate the unlawful downloading of music.

hyperlink, copyright, music, Universal Music Australia Pty Ltd v. Cooper

Abstract:
Between March and September 2006, researchers at the Centre for Media and Communications Law (CMCL) interviewed 38 Australian television industry figures about their attitudes and experiences with regard to content control technologies for digital broadcasting. The interviews formed part of a three year research project into legal and technological mechanisms for controlling digital television content, which is funded by the Australian Research Council and encompasses questions in the fields of copyright law, media law and media policy.

The interviews explored issues such as content control for digital television broadcasts; viewer reuse of broadcast content; the interaction of technical and regulatory controls; and more general matters about the future of television in Australia. The aim was to gather a range of views from across the industry, including individuals employed within commercial, national, subscription and community broadcasting, external legal advisors, the production sector, industry organisations and regulators. Interviewees were asked for their individual, anonymous views and they appeared to provide frank responses. Interviewees certainly had a great deal of experience in the industry on which to draw: the median time they had spent working in the field was 15 years and the mean was more than 16 years.

This brief report outlines two related areas where information has been collected from the interviews: attitudes to content control technologies and viewer reuse of digital audiovisual content. Overall, the observations distilled here from industry professionals are largely consistent with points raised earlier in this project, such as the existence of varied industry attitudes to whether time-shifting for personal use should be allowed under Australian copyright law. But the snapshot from industry set out here will also provide a useful reference in more detailed future analysis of legal and policy issues concerned with digital television and content control in Australia.

digital television, Australia, industry, content control, reuse

Abstract:
The regulation of broadcasting has always been based on a desire to achieve certain social and cultural goals. One of the fundamental cultural and, indeed, political goals for the broadcasting of audiovisual content in a democratic, mediated society is to encourage diversity, both in terms of the range of content and media "voices". In Australia, a further aim of broadcasting regulation is to ensure the adequate supply of local audiovisual content on local broadcasting outlets. As such, Australian content quotas have been imposed on free-to-air commercial television broadcasters since the early 1960s.

While content quotas, like most features of media policy, have often been the subject of debate, there is a general acceptance in policy-making and in broader academic thinking, that content quotas have been effective in achieving a certain level of diversity of content on our televisions. Some have also argued that they have been crucial in supporting a sustainable Australian production industry. More recently, however, the looming integration of television with internet and broadband capabilities, as well as the introduction of digital television, has resulted in speculation about the future of Australian content quotas - and, indeed, about the future of broadcasting regulation more generally. In particular, it has been claimed that these new distribution channels have the potential to disturb the longstanding technological and economic factors on which current domestic regulation is based.

This paper explores the future of Australian content quotas in light of digital television and emergent, internet-based television services. Part II describes the current system of broadcasting regulation in Australia, focusing in particular on the interaction between economic and cultural goals. Part III considers the challenges to existing regulation presented by digital television and the distribution of programming via broadband internet. Finally, Part IV examines some of the solutions that have been proposed to achieve adequate levels of local Australian content in the digital media age, including a consideration of a possible solution not yet fully explored in the Australian context: the introduction of a public service publisher, or a PSP. Also considered is how this and other policy responses might be limited by Australia's recent entry into a free-trade agreement with the United States.

local content, television, digital, audiovisual, Australia

Abstract:
Earlier this year the Australian Minister for Communications, Information Technology and the Arts released a Discussion Paper on Media Reform Options as a precursor to the Commonwealth government's long anticipated media reforms. The Discussion Paper sought comments in relation to three broad areas of reform: relaxation of the current cross-media and foreign ownership restrictions, modification to the anti-siphoning regime, and changes to the laws concerning digital television. The Discussion Paper also outlined the government's preferred approach to reform in these areas. Following a short period for public response the Minister released the government's final policy package, and subsequently, on 14 September 2006, three bills were introduced into the Senate. These bills were passed by Federal parliament, with some amendments, on 18 October 2006.

This article outlines the amendments to the digital television regime under the Broadcasting Legislation Amendment (Digital Television) Act 2006 (Cth). In particular, it focuses on the expanded right for commercial and national broadcasters to use the spectrum set aside for digital television to provide 'multichannel' services.

Australia, media, reform, ditigal, television, multichannelling

Abstract:
The effectiveness of trade mark protection depends on the enforceability of rights. However, little is known about how trade mark owners actually go about enforcing their trade marks in the civil courts. The few studies which have emerged recently show a high success rate for trade mark owners. In this study, we created a database of all trade mark enforcement decisions of Australian courts for the period 1997-2003. Analysing the nature and outcomes of the trade mark litigation, we found a more complex story than previous studies: counterfeit proceedings where the trade mark owner always wins and the alleged infringer often fails to show up in court on the one hand; more contentious proceedings on the other where the trade mark owner only succeeded around a third of the time. The study raises, although it cannot answer, some interesting questions about trade mark owner knowledge and motivations in entering litigation.

trade mark, litigation, Australia, counterfeit