Abstract

http://ssrn.com/abstract=1702006
 


 



A Fair Use Project for Australia: Copyright Law and Creative Freedom


Matthew Rimmer


Australian National University - ANU College of Law

September 1, 2010

Copyright Reporter, Vol. 28, No. 3, pp. 165-212, 2010

Abstract:     
This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the Harry Potter Lexicon. Part 4 looks at the controversy over the Shepard Fairey poster of President Barack Obama, and the resulting debate with Associated Press. Part 5 of the essay considers the intervention of the Fair Use Project as an amicus curiae in the ‘Column case’. Part 6 explores the participation of the Fair Use Project as an amicus curiae in the litigation over 60 Years Later, an unauthorised literary sequel to J.D. Salinger’s The Catcher in the Rye. Part 7 of the essay investigates the role of the Fair Use project in disputes over copyright law and musical works. Part 8 investigates the role of the Fair Use Project as an advocate in disputes over copyright law, fair use, documentary films, and internet videos.

The conclusion has main three arguments. First, it contends that Australia should establish a Fair Use Project to support creative artists in litigation over copyright exceptions. Second, it maintains that Australia should adopt a flexible, open-ended defence of fair use, and draw upon the rich jurisprudence in the United States on the fair use doctrine. Finally, this paper argues that support should be given at an international level to the proposal for a Treaty on Access to Knowledge.

Number of Pages in PDF File: 61

Keywords: Copyright Law, Creative Freedom, The Defence of Fair Use, The Defence of Fair Dealing, Access to Knowledge

JEL Classification: 034, K41

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Date posted: November 26, 2010 ; Last revised: February 8, 2013

Suggested Citation

Rimmer, Matthew, A Fair Use Project for Australia: Copyright Law and Creative Freedom (September 1, 2010). Copyright Reporter, Vol. 28, No. 3, pp. 165-212, 2010. Available at SSRN: http://ssrn.com/abstract=1702006

Contact Information

Matthew Rimmer (Contact Author)
Australian National University - ANU College of Law ( email )
Canberra, Australian Capital Territory 0200
Australia
HOME PAGE: http://law.anu.edu.au/scripts/StaffDetails.asp?StaffID=238
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