Balancing Copyright - A Survey of National Approaches, Chapter: Australia

Balancing Copyright - A Survey of National Approaches, Chapter: Australia, 2012

22 Pages Posted: 13 Mar 2015

See all articles by Andrew F. Christie

Andrew F. Christie

Melbourne Law School

John Liddicoat

University of Cambridge - Faculty of Law; University of Tasmania

Date Written: March 3, 2012

Abstract

The balance to be achieved in copyright law traditionally can be described as follows: Whose liberties should be given priority? Those of creators or those of the rest of society? In other words, how is the balance to be achieved between the interests of copyright holders and those of the users of works? The reality principle actually dictates a broadening of the circle of players, so as to refine the naming of stakeholders: creators and artistic performers, investors and professional users (employers, publishers and producers, distributors), end-users, creative and amateur users, etc. Nevertheless, one has to bear in mind firstly that every creator, by creating, uses what he has learnt and experimented with thanks to works of former creators; secondly that copyright policies actually have to enhance scientific progress and the spreading of culture.

Note: This Chapter is part of a larger research project conducted by Professor Reto Hilty and Dr Sylvie Nerisson at Max Planck Institute for Intellectual Property and Competition Law.

Keywords: Copyright, Australia, User rights

Suggested Citation

Christie, Andrew F. and Liddicoat, Johnathon, Balancing Copyright - A Survey of National Approaches, Chapter: Australia (March 3, 2012). Balancing Copyright - A Survey of National Approaches, Chapter: Australia, 2012, Available at SSRN: https://ssrn.com/abstract=2512127

Andrew F. Christie

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

Johnathon Liddicoat (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

University of Tasmania ( email )

French Street
Sandy Bay
Hobart, Tasmania 7001
Australia

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