Jani McCutcheon

The University of Western Australia Law School

Associate Professor

M253

35 Stirling Highway

Crawley , Western Australia 6009

Australia

SCHOLARLY PAPERS

28

DOWNLOADS
Rank 23,684

SSRN RANKINGS

Top 23,684

in Total Papers Downloads

2,109

SSRN CITATIONS

4

CROSSREF CITATIONS

0

Scholarly Papers (28)

1.

The Vanishing Author in Computer-Generated Works: A Critical Analysis of Recent Australian Case Law

Melbourne Univeristy Law Review, Vol. 36, 2013, UWA Faculty of Law Research Paper No. 27
Number of pages: 56 Posted: 23 Jul 2013 Last Revised: 15 May 2014
Jani McCutcheon
The University of Western Australia Law School
Downloads 275 (116,740)

Abstract:

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computer-generated works, copyright, authorship

2.

Designs, Parody and Artistic Expression — A Comparative Perspective of Plesner v Louis Vuitton

(2015) 41(1) Monash University Law Review, UWA Faculty of Law Research Paper No. 2015-15
Number of pages: 27 Posted: 03 Sep 2015 Last Revised: 08 Dec 2015
Jani McCutcheon
The University of Western Australia Law School
Downloads 210 (152,727)
Citation 1

Abstract:

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european designs law; Australian designs law; informed user; substantially similar in overall impression; parody; freedom of expression; Plesner; Louis Vuitton

3.

Perez v Fernandez: Australia's First Decision on the Moral Right of Integrity

(2013) 23 Australian Intellectual Property Journal 174, UWA Faculty of Law Research Paper No. 2013-32
Number of pages: 14 Posted: 23 Jul 2013 Last Revised: 12 Dec 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 181 (175,188)

Abstract:

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4.

Property in Literary Characters: Protection Under Australian Copyright Law

(2007) European Intellectual Property Review 29: 4 pp 14-151
Number of pages: 20 Posted: 27 Apr 2013 Last Revised: 08 Nov 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 174 (181,342)

Abstract:

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5.

Curing the Authorless Void: Protecting Computer-Generated Works Following IceTV and Phone Directories

Melbourne University Law Review, Vol. 37, 46-102, UWA Faculty of Law Research Paper No. 28
Number of pages: 58 Posted: 11 Aug 2013 Last Revised: 29 Oct 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 160 (194,937)
Citation 3

Abstract:

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computer-generated works, copyright, database, originality, authorship

6.

When Sweat Turns to Ice: The Originality Threshold for Compilations Following IceTV and Phone Directories

AIPJ Vol. 22 (2011), UWA Faculty of Law Research Paper No. 2013-11
Number of pages: 16 Posted: 15 May 2013 Last Revised: 08 Nov 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 138 (220,201)

Abstract:

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copyright, compilations, originality

7.

The Honour of the Dead - The Moral Right of Integrity Post Mortem

Number of pages: 34 Posted: 31 Aug 2015
Jani McCutcheon
The University of Western Australia Law School
Downloads 129 (232,070)

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moral rights, posthumous moral rights, right of integrity, post mortem moral rights, honour

8.

How Many Colours in the Rainbow? The Registration of Colour Per Se Under Australian Trade Mark Law

European Intellectual Property Review 26:1, pp 27-33 (2004)
Number of pages: 13 Posted: 27 Apr 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 117 (249,757)

Abstract:

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trade mark, trademark, colour

9.

Too Many Stitches in Time? The Polo Lauren Case, Non-Infringing Accessories and the Copyright/Design Overlap Defence

(2009) 20 AIPJ 39
Number of pages: 14 Posted: 15 May 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 112 (257,553)

Abstract:

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10.

Works of Fiction: The Misconception of Literary Characters as Copyright Works

Journal of the Copyright Society of the USA (Forthcoming)
Number of pages: 38 Posted: 31 Oct 2018
Jani McCutcheon
The University of Western Australia Law School
Downloads 69 (348,505)

Abstract:

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copyright work; literary characters; copyright; character

11.

Copyright in Bioart

Copyright in Bioart’, in Enrico Bonadio and Nicola Lucchi (eds) Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?, Edward Elgar, October 2018 Forthcoming, UWA School of Law Research Paper No. 2018
Number of pages: 16 Posted: 07 Feb 2020
Jani McCutcheon
The University of Western Australia Law School
Downloads 59 (377,723)

Abstract:

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copyright, bio art

12.

The Concept of the Copyright Work under EU Law: More Than a Matter of Taste

Forthcoming, 2020, European Law Review
Number of pages: 42 Posted: 02 Aug 2019
Jani McCutcheon
The University of Western Australia Law School
Downloads 56 (387,323)

Abstract:

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copyright, copyright work, author, expression, taste, food, Levola Hengelo BV v Smilde Foods BV

13.

Shape Shifters: Searching for the Copyright Work in Kinetic Living Art

Forthcoming, 2017, Journal of the Copyright Society of USA
Number of pages: 47 Posted: 20 Mar 2017
Jani McCutcheon
The University of Western Australia Law School
Downloads 56 (387,323)

Abstract:

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14.

Whose Fair Dealing? Third-Party Reliance on the Fair Dealing Exception for Parody or Satire

Number of pages: 19 Posted: 16 Mar 2017
Jani McCutcheon and Simon Holloway
The University of Western Australia Law School and The University of Western Australia
Downloads 53 (397,310)

Abstract:

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copyright; parody; satire; copyright exceptions; third party

15.

Dead Loss: Damages for Posthumous Breach of the Moral Right of Integrity

Melbourne University Law Review, Vol. 40, No. 1, 2016
Number of pages: 46 Posted: 17 Aug 2016
Jani McCutcheon
The University of Western Australia Law School
Downloads 45 (425,913)

Abstract:

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16.

Rectification of the Trade Marks Register on Grounds Existing at the Time of Application to Rectify - An Analysis of Sections 88(2)(a) and (c) and 89 of the Trade Marks Act 1995 (Cth)

Australian Intellectual Property Journal, Vol. 13 (2002)
Number of pages: 19 Posted: 15 May 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 42 (437,461)
Citation 1

Abstract:

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17.

Levola Hengelo BV v Smilde Foods BV: The Hard Work of Defining a Copyright Work

Forthcoming, Modern Law Review
Number of pages: 16 Posted: 05 Jun 2019
Jani McCutcheon
The University of Western Australia Law School
Downloads 41 (441,473)

Abstract:

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copyright, copyright work, expression, taste, food, Berne Convention

18.

The Artistic Speech Exemption in Australian Racial Discrimination Regulation

Media and Arts Law Review, Forthcoming
Number of pages: 29 Posted: 22 Jun 2018
Jani McCutcheon
The University of Western Australia Law School
Downloads 41 (441,473)

Abstract:

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19.

Monopolised Product Shapes and Factual Distinctiveness Under S 41(6) of the Trade Marks Act 1995 (Cth)

(2004) 15 AIPJ 18
Number of pages: 16 Posted: 15 May 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 38 (454,040)

Abstract:

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20.

Digital Access to Culture: Copyright in Photographs of Two-Dimensional Art Under Australian Copyright Law

(2017) 7:4 Queen Mary Journal of Intellectual Property
Number of pages: 28 Posted: 07 Feb 2020
Jani McCutcheon
The University of Western Australia Law School
Downloads 27 (506,509)

Abstract:

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21.

Natural Causes: When Author Meets Nature in Copyright Law and Art. Some Observations Inspired by Kelley v Chicago Park District

University of Cincinnati Law Review, Vol. 86, No. 2, Forthcoming, UWA Faculty of Law Research Paper No. 2017
Number of pages: 28 Posted: 27 Jul 2017 Last Revised: 15 Sep 2017
Jani McCutcheon
The University of Western Australia Law School
Downloads 27 (506,509)

Abstract:

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Authorship, Copyright, Nature, Art

22.

Search and Ye Shall Infringe? Current Issues Concerning the Use and Abuse of Trade Marks in Cyberspace

(2006) 17 AIPJ 99
Number of pages: 15 Posted: 15 May 2013
Jani McCutcheon
The University of Western Australia Law School
Downloads 25 (517,740)

Abstract:

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23.

Making Art From Words: The Picturisation Adaptation Right In Copyright Law

The Research Handbook on Art and Law ed. Jani McCutcheon and Fiona McGaughey, forthcoming 2019, Edward Elgar Publishing Ltd
Number of pages: 18 Posted: 05 Jun 2019
Jani McCutcheon
The University of Western Australia Law School
Downloads 19 (554,079)

Abstract:

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copyright, art, adaptation, pictures

24.

Illegal Copyright Works and the Remedial Discretion of the Court

Number of pages: 33 Posted: 05 Jun 2019
Jani McCutcheon and Jordan Leahy
The University of Western Australia Law School and University of Western Australia
Downloads 15 (578,927)

Abstract:

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copyright, illegal works, constructive trust, remedies

25.

Copyrighting Culture: Photography and the Public Domain

Photography and Culture (Forthcoming) , UWA School of Law Research Paper No. 2018
Posted: 08 Feb 2020
Jani McCutcheon
The University of Western Australia Law School

Abstract:

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copyright, public domain, culture, contract

26.

Death Rights: Legal Personal Representatives of Deceased Authors and the Posthumous Exercise of Moral Rights

Intellectual Property Quarterly, Forthcoming
Posted: 28 Aug 2015
Jani McCutcheon
The University of Western Australia Law School

Abstract:

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Australia; Authors; Deceased persons; Enforcement; Moral rights; Personal representatives

27.

The New Defence of Parody or Satire Under Australian Copyright

2008 (2) Intellectual Property Quarterly 163
Posted: 27 Apr 2013
Jani McCutcheon
The University of Western Australia Law School

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28.

The Registration of Sounds and Scents Under Australian Trade Mark Law

Intellectual Property Quarterly, 2, pp 138-172 (2004)
Posted: 27 Apr 2013 Last Revised: 08 Nov 2013
Jani McCutcheon
The University of Western Australia Law School

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