Open Access to Judgments: Creative Commons Licences and the Australian Courts

Murdoch University Law Review, Vol. 19, No. 1, 2012

46 Pages Posted: 24 Aug 2014

See all articles by Anne M Fitzgerald

Anne M Fitzgerald

Queensland University of Technology

Neale Hooper

Queensland University of Technology

Cheryl Foong

Curtin University - Curtin Law School

Brian Fitzgerald

Queensland University of Technology - Faculty of Law

Date Written: 2012

Abstract

Internet technologies have fundamentally changed the way we obtain access to legal documents and information about the law. However, for judgments of courts and tribunals, copyright management and licensing practices have not kept pace with the digital and online technologies which are now ubiquitous in the web 2.0 era. Under the provisions of the Copyright Act 1968 and the licensing statements on the Australian courts' websites, judgments may generally be read online, downloaded, reproduced and printed out for personal, non-commercial use or "in house" use by an organisation. However, beyond these permitted acts, the extent to which judgments can be copied and distributed in digital form online remains unclear. Open content licences (in particular, the Creative Commons (CC) licences) offer an effective mechanism for managing copyright in judgments in a manner that supports their wide public dissemination and reuse while also protecting their integrity and accuracy.

Keywords: judgments, creative commons, courts, copyright, open content, licensing, open access, copyright policies, online

JEL Classification: K00

Suggested Citation

Fitzgerald, Anne M and Hooper, Neale and Foong, Cheryl and Fitzgerald, Brian, Open Access to Judgments: Creative Commons Licences and the Australian Courts (2012). Murdoch University Law Review, Vol. 19, No. 1, 2012. Available at SSRN: https://ssrn.com/abstract=2485483

Anne M Fitzgerald

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Neale Hooper

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Cheryl Foong (Contact Author)

Curtin University - Curtin Law School ( email )

Australia

Brian Fitzgerald

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

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