Moral rights and their application in Australia: a book review

In Moral Rights and Their Application in Australia, Maree Sainsbury offers a summary of the new moral rights regime established in Australia in 2000. It is a decent guide and handbook to moral rights for legal practitioners, the authors of copyright work, and the users of copyright material. As the author notes: "The Australian moral rights legislation impacts on the rights and obligations of many people in diverse circumstances, from the creator of a highly unique work of art to the designer of a web site incorporating factual information or graphics which someone else has created. Any person creating or dealing with copyright material should be aware of the moral rights implications. This book provides a detailed analysis of the moral rights legislation, while stressing the fundamental provisions. It also provides some useful practical guidance for those who are affected, both in general terms and with respect to the more specific situations outlined above." Maree Sainsbury provides an enjoyable account of the history and nature of moral rights. She charts the romantic, Continental origins of moral rights, and explains their translation to countries, such as Australia and the United States.

Trick or treaty?: The Australian debate over the Anti-Counterfeiting Trade Agreement

The secretive 2011 Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement 1994, and TRIPS-Plus Agreements, such as the Australia-United States Free Trade Agreement 2004. ACTA lacks the language of other international intellectual property agreements, which emphasise the need to balance the protection of intellectual property owners with the wider public interest in access to medicines, human development, and transfer of knowledge and technology. In Australia, there was much controversy both about the form and the substance of ACTA. While the Department of Foreign Affairs and Trade was a partisan supporter of the agreement, a wide range of stakeholders were openly critical. After holding hearings and taking note of the position of the European Parliament and the controversy in the United States, the Joint Standing Committee on Treaties in the Australian Parliament recommended the deferral of ratification of ACTA. This was striking as representatives of all the main parties agreed on the recommendation. The committee was concerned about the lack of transparency, due process, public participation, and substantive analysis of the treaty. There were also reservations about the ambiguity of the treaty text, and its potential implications for the digital economy, innovation and competition, plain packaging of tobacco products, and access to essential medicines. The treaty has provoked much soul-searching as to whether the Trick or Treaty reforms on the international treaty-making process in Australia have been compromised or undermined. Although ACTA stalled in the Australian Parliament, the debate over it is yet to conclude. There have been concerns in Australia and elsewhere that ACTA will be revived as a ‘zombie agreement’. Indeed, in March 2013, the Canadian government introduced a bill to ensure compliance with ACTA. Will it be also resurrected in Australia? Has it already been revived? There are three possibilities. First, the Australian government passed enhanced remedies with respect to piracy, counterfeiting and border measures in a separate piece of legislation – the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth). Second, the Department of Foreign Affairs and Trade remains supportive of ACTA. It is possible, after further analysis, that the next Australian Parliament – to be elected in September 2013 – will ratify the treaty. Third, Australia is involved in the Trans-Pacific Partnership negotiations. The government has argued that ACTA should be a template for the Intellectual Property Chapter in the Trans-Pacific Partnership. The United States Trade Representative would prefer a regime even stronger than ACTA. This chapter provides a portrait of the Australian debate over ACTA. It is the account of an interested participant in the policy proceedings. This chapter will first consider the deliberations and recommendations of the Joint Standing Committee on Treaties on ACTA. Second, there was a concern that ACTA had failed to provide appropriate safeguards with respect to civil liberties, human rights, consumer protection and privacy laws. Third, there was a concern about the lack of balance in the treaty’s copyright measures; the definition of piracy is overbroad; the suite of civil remedies, criminal offences and border measures is excessive; and there is a lack of suitable protection for copyright exceptions, limitations and remedies. Fourth, there was a worry that the provisions on trademark law, intermediary liability and counterfeiting could have an adverse impact upon consumer interests, competition policy and innovation in the digital economy. Fifth, there was significant debate about the impact of ACTA on pharmaceutical drugs, access to essential medicines and health-care. Sixth, there was concern over the lobbying by tobacco industries for ACTA – particularly given Australia’s leadership on tobacco control and the plain packaging of tobacco products. Seventh, there were concerns about the operation of border measures in ACTA. Eighth, the Joint Standing Committee on Treaties was concerned about the jurisdiction of the ACTA Committee, and the treaty’s protean nature. Finally, the chapter raises fundamental issues about the relationship between the executive and the Australian Parliament with respect to treaty-making. There is a need to reconsider the efficacy of the Trick or Treaty reforms passed by the Australian Parliament in the 1990s.

Sustainable me - a pharmacist’s role in reducing the carbon footprint of healthcare delivery

Introduction Climate change has been described as the most significant global health threat of the 21st century. Already, negative impacts on human health and wellbeing are being observed. These impacts present enormous challenges for the healthcare sector and the time has come for healthcare professionals to demonstrate leadership in addressing these challenges. Since any unsustainable organizational practices of healthcare organisations may ultimately have a negative impact on human health, there is an implicit moral obligation for these organisations and the people who work in them, to deliver healthcare more sustainably. If one considers that in 2010 pharmaceuticals comprised 22% of the carbon footprint of the NHS England (equating to 4.4 million tonnes of CO2 emissions) and 3% of England’s total carbon footprint (NHS Sustainable Development Unit, 2012), by reducing the carbon footprint of pharmaceuticals used in their healthcare organisations, pharmacists can have a significant impact on reducing the organisation’s total carbon footprint and ultimately on the public’s health. Aims The engagement of pharmacists with sustainability initiatives in the workplace has been largely unreported in international and national pharmacy journals. This paper aims to highlight the important role that pharmacists can play in helping to reduce the carbon footprint of healthcare delivery. Methods Literature was reviewed to identify areas where pharmacists could influence the more sustainable use of pharmaceuticals in their organisations. Discussion Much of the carbon footprint of pharmaceuticals is embedded carbon from their manufacture and delivery. Through efficient inventory management practices, pharmacists can reduce the number of orders and potentially reduce the number of deliveries required. Pharmacists can also help to reduce the amount of pharmaceutical waste generated. Of the waste that is generated, they can help improve the segregation of waste streams to increase the amount of non-contaminated packaging waste that is recycled and reduce the amount of pharmaceutical waste being incinerated or ending up in landfill. Reference NHS Sustainable Development Unit. (2012). Sustainability in the NHS Health Check 2012. NHS Sustainable Development Unit. Cambridge, UK: NHS Sustainable Devlopment Unit.

The micropolitics of management in universities: Challenges and opportunities

In recent decades, there has been a strong call by writers in education for alternative forms of leadership and management that are human centred and that value social cohesion, fairness, and democratic practices. Referred to by names such as transformative leadership (Shields, 2013) and ethical leadership (Starratt, 1996), those promoting these types of leadership argue for the use of “power as a moral force for the common good” (Duignan, 2007, p.12). In this chapter, our interest lies with managers in universities and how they use power in ethical and unethical ways. We consider some macro forces (e.g., globalisation, neo-liberal policies) that have impacted universities, making it difficult for managers to promote socially just and equitable practices. In particular, we examine the influence of managerialism—the application of private sector practices to the public sector—where the role of manager is not to question current practices, but to conform to performance targets, and to ensure compliance (O’Brien & Down, 2002). To come to an understanding of what might constitute ethical practices, we refer to the field of micropolitics as a way to help illuminate current practice and point to more positive ways of working.

Women in leadership: An analysis of the gender pay gap in ASX-listed firms

This study provides evidence that after several decades of fighting for equal pay for equal work, an unexplained gender pay gap remains amongst senior executives in ASX-listed firms. After controlling for a large suite of personal, occupational and firm observables, we find female senior executives receive, on average, 22.58 percent less in base salary for the period 2002–2013. When executives are awarded performance-based pay, females receive on average 16.47 percent less in cash bonus and 18.21 percent less in long-term incentives than males. The results are robust to using firm fixed effects and propensity-score matching. Blinder–Oaxaca decomposition results show that the mean pay gap cannot be attributed to gender differences in attributes, including job titles. Instead, the results point to differences in returns on firm-specific variables, in particular firm risk.

Women's progression to leadership: A project-based organisational perspective

This is a qualitative study of female underrepresentation in leadership roles in project-based organisations in Australia, specifically the construction and property development industries. Using a gender lens, the underlying structural and cultural barriers to women's advancement to leadership in those organisations was studied and, in particular, what challenges they face in their career advancement and what attempts they make to resolve those challenges. The findings show that the unique characteristics of project-based organisations, with their perpetual masculine work practices, embedded masculine logic, gender-based bias and masculine organisational culture, all maintain the pattern of underrepresentation of women.

Ordering within moral orders to manage classroom trouble

This paper demonstrates how classroom trouble warranting teacher intervention can stem from transgressions in different layers of the complex moral order regulating classroom interactions. The paper builds from Durkheim’s treatment of schooling as the institution responsible for the inculcation of a shared moral order, Bernstein’s distinction between the instructional and regulative discourses in any pedagogic setting, and the concept of verticality in the instructional discourse to illuminate how curricular knowledge might apply across different contexts. This paper proposes a similar vertical dimension of moral gravity in the regulative discourse, such that some moral expectations apply across any context, while others are highly contextualized. This paper then applies this frame to data from classroom observations conducted in prevocational pathways for 16 years olds created under Australia’s “earning or learning till 17” policy. This paper describes the variety of moral premises teachers invoked in different teacher/class combinations, according to their level of moral gravity to display the dominant use of highly contextualized moral premises seeking institutional compliance, and minimal use of broader moral frames for these students on the brink of entry to the adult world.

Ambidextrous leadership and team innovation

Purpose The purpose of this paper is to report the first empirical test of the recently proposed ambidexterity theory of leadership for innovation (Rosing et al., 2011). This theory proposes that the interaction between two complementary leadership behaviors – opening and closing – predicts team innovation, such that team innovation is highest when both opening and closing leadership behaviors are high. Design/methodology/approach Multi-source survey data came from 33 team leaders of architectural and interior design firms and 90 of their employees. Findings Results supported the interaction hypothesis, even after controlling for leaders’ transformational leadership behavior and general team success. Research limitations/implications The relatively small sample size and the cross-sectional design are potential limitations of the study. The findings provide initial support for the central hypothesis of the ambidexterity theory of leadership for innovation. Practical implications The results suggest that organizations could train team leaders’ ambidextrous leadership behaviors to increase team innovation. Social implications Identifying ways to facilitate organizational innovation is important, as it contributes to employment and company growth as well as individual and societal well-being. Originality/value This multi-source study contributes to the literatures on leadership and innovation in organizations by showing that ambidextrous leadership behaviors predict team innovation above and beyond transformational leadership behavior.

Wisdom and narcissism as predictors of transformational leadership

- Purpose Although leadership and organizational scholars have suggested that the virtue of wisdom may promote outstanding leadership behavior, this proposition has rarely been empirically tested. The purpose of this paper is to investigate the relationships between transformational leadership, narcissism, and five dimensions of wisdom as conceptualized by the well-established Berlin wisdom paradigm. General mental ability and emotional intelligence were considered relevant control variables. - Design/methodology/approach Interview, test, and questionnaire data were obtained from 77 employees of a high school and from two or three colleagues of each employee. Data were analyzed using hierarchical regression analyses. - Findings After controlling for general mental ability and emotional intelligence, narcissism and the wisdom dimension relativism of values and life priorities were negatively related to transformational leadership, and the wisdom dimension recognition and management of uncertainty was positively related to transformational leadership. The other three wisdom dimensions, rich factual knowledge about life, rich procedural knowledge about life, and lifespan contextualism, were not significantly related to transformational leadership. - Research limitations/implications Limitations to be addressed in future studies include the cross-sectional design and the relatively small and specialized sample. - Practical implications Tentative implications for leadership training and development are outlined. - Originality/value This multi-method and multi-source study represents the first empirical investigation that examines links between well-established wisdom and leadership constructs in the work context.

Professor age and research assistant ratings of passive-avoidant and proactive leadership: The role of age-related work concerns and age stereotypes

Recent research has shown that, in general, older professors are rated to have more passive-avoidant leadership styles than younger professors by their research assistants. The current study investigated professors' age-related work concerns and research assistants' favorable age stereotypes as possible explanations for this finding. Data came from 128 university professors paired to one research assistant each. Results show that professors' age-related work concerns (decreased enthusiasm for research, growing humanism, development of exiting consciousness and increased follower empowerment) did not explain the relationships between professor age and research assistant ratings of passive-avoidant and proactive leadership. However, research assistants' favorable age stereotypes influenced the relationships between professor age and research assistant ratings of leadership, such that older professors were rated as more passive-avoidant and less proactive than younger professors by research assistants with less favorable age stereotypes, but not by research assistants with more favorable age stereotypes.

Establishing the next generation at work: Leader generativity as a moderator of the relationships between leader age, leader-member exchange, and leadership success

In this study, the authors investigated leader generativity as a moderator of the relationships between leader age, leader-member exchange, and three criteria of leadership success (follower perceptions of leader effectiveness, follower satisfaction with leader, and follower extra effort). Data came from 128 university professors paired with one research assistant each. Results showed positive relationships between leader age and leader generativity, and negative relationships between leader age and follower perceptions of leader effectiveness and follower extra effort. Consistent with expectations based on leadership categorization theory, leader generativity moderated the relationships between leader age and all three criteria of leadership success, such that leaders high in generativity were better able to maintain high levels of leadership success at higher ages than leaders low in generativity. Finally, results of mediated moderation analyses showed that leader-member exchange quality mediated these moderating effects. The findings suggest that, in combination, leader age and the age-related construct of generativity importantly influence leadership processes and outcomes. © 2011 American Psychological Association.

Age and leadership: The moderating role of legacy beliefs

Age and age-related motivations have been neglected in leadership research. This study examined the moderating influence of legacy beliefs on the relationships between age and transformational, transactional, and passive-avoidant leadership behaviors. Legacy beliefs involve individuals' convictions about whether they and their actions will be remembered, have an enduring influence, and leave something behind after death. It was expected that at higher ages, low legacy beliefs impede transformational and transactional leadership behaviors and boost passive-avoidant leadership behaviors. One hundred and six university professors, between 30 and 70 years old, provided ratings of their legacy beliefs; each professor's leadership behaviors were evaluated by one of his or her employees. Results confirmed the assumptions for overall transformational leadership and its charisma subdimension as well as for overall transactional leadership and its active management-by-exception subdimension but not for passive-avoidant leadership.

Leadership and creativity in higher education

Leadership and creativity have received increasing attention from researchers in the field of higher education; however, empirical studies investigating these topics simultaneously are rare. In this study, the authors examined relationships between PhD students' perceptions of their advising professors' passive-avoidant, transactional, and transformational leadership behaviors and professors' ratings of their students' work-related creativity. Data were provided by 71 dyads of professors and PhD students. Consistent with expectations based on the leadership literature on followers' identification with their leaders, results showed that students' perceptions of professors' transformational leadership positively predicted professors' ratings of their students' creativity above and beyond students' perceptions of professors' passive-avoidant and transactional leadership. Contrary to expectations, students' perceptions of professors' passive-avoidant and transactional leadership did not significantly predict professors' ratings of students' creativity. Implications for future research on leadership and creativity as well as tentative practical applications of the findings in higher education settings are discussed.

A lifespan perspective on leadership

In this chapter, we present a lifespan model of leadership that outlines how leader and follower age as well as age-related changes in leader traits and characteristics, leader behaviors, and follower attribution and identification processes may influence leadership effectiveness. First, we describe how leader traits and characteristics change with age and how these developmental changes may impact on leader behaviors and, subsequently, leadership effectiveness. Specifically, we discuss age-related changes in leaders’ task competence, interpersonal attributes, and motivation to lead. We particularly focus on how generativity – a set of interconnected motives pertaining to establishing and guiding future generations – may emerge as an important concern among older leaders. Second, we review theoretical approaches that help explain how and why leader age and age-related traits and characteristics, follower age, as well as leader-follower age differences may influence follower attribution and identification processes. Third, we outline a number of boundary conditions of the effects proposed by our lifespan model of leadership, including leader-follower relationship duration, situational characteristics, as well as the cultural, social, and historical context. We conclude the chapter by discussing our model’s implications for future research and organizational practice.