Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age

Historically, determining the country of origin of a published work presented few challenges, because works were generally published physically – whether in print or otherwise – in a distinct location or few locations. However, publishing opportunities presented by new technologies mean that we now live in a world of simultaneous publication – works that are first published online are published simultaneously to every country in world in which there is Internet connectivity. While this is certainly advantageous for the dissemination and impact of information and creative works, it creates potential complications under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”), an international intellectual property agreement to which most countries in the world now subscribe. Under the Berne Convention’s national treatment provisions, rights accorded to foreign copyright works may not be subject to any formality, such as registration requirements (although member countries are free to impose formalities in relation to domestic copyright works). In Kernel Records Oy v. Timothy Mosley p/k/a Timbaland, et al. however, the Florida Southern District Court of the United States ruled that first publication of a work on the Internet via an Australian website constituted “simultaneous publication all over the world,” and therefore rendered the work a “United States work” under the definition in section 101 of the U.S. Copyright Act, subjecting the work to registration formality under section 411. This ruling is in sharp contrast with an earlier decision delivered by the Delaware District Court in Håkan Moberg v. 33T LLC, et al. which arrived at an opposite conclusion. The conflicting rulings of the U.S. courts reveal the problems posed by new forms of publishing online and demonstrate a compelling need for further harmonization between the Berne Convention, domestic laws and the practical realities of digital publishing. In this chapter, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the “country of origin” of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of “United States work” under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. There are gaps in the Berne Convention’s articulation of “country of origin” which provide scope for judicial interpretation, at a national level, of the most pragmatic way forward in reconciling the goals of the Berne Convention with the practical requirements of domestic law. We believe that the uncertainties arising under the Berne Convention created by new forms of online publishing can be resolved at a national level by the sensible application of principles of statutory interpretation by the courts. While at the international level we may need a clearer consensus on what amounts to “simultaneous publication” in the digital age, state practice may mean that we do not yet need to explore textual changes to the Berne Convention.

Digital access to knowledge in the preschool classroom: Reports from Australia

Australian preschool teachers’ use of Web-searching in their classroom practice was examined (N = 131). Availability of Internet-enabled digital technology and the contribution of teacher demographic characteristics, comfort with digital technologies and beliefs about their use were assessed. Internet-enabled technologies were available in 53% (n = 69) of classrooms. Within these classrooms, teacher age and beliefs predicted Web-searching practice. Although comfortable with digital access of knowledge in their everyday life, teachers reported less comfort with Web-searching in the context of their classroom practice. The findings identify the provision of Internet-enabled technologies and professional development as actions to support effective and confident inclusion of Web-searching in classrooms. Such actions are necessary to align with national policy documents that define acquisition of digital literacies as a goal and assert digital access to knowledge as an issue of equity.

Seamless journeys : enhancing accessibility to work through digital technologies for people with mobility-related impairments

Numerous disruptions and barriers are encountered by persons with mobility-related disabilities in their daily’s experience of going to work and the pressure these exert on gaining and maintaining their employment. The nature and extent of their difficulties to workforce participation entails a requirement for extensive planning and also strategies to address problems of being stranded (for example, when the bus they are waiting for is not accessible). This paper presents the conceptualisation and methods of understanding workforce participation as a journey, and a discussion on the role digital technologies play in helping people with mobility-related disabilities in their journeys to work and mitigating disruptions when these occur. This is presented through an initial case study that helped identify the sequence of supports needed to be in place to make the work journey possible. Importantly, the paper also highlights points of intervention for the use of digital technologies and where design can potentially help to enhance accessibility to work for people with mobility-related impairments by making journeys to work seamless.

Who am I? Developing pre-service teacher identity in a digital world

The notions of identity and teacher education have attracted considerable research over the years, revealing a strong correlation between teacher beliefs and practices and the resultant impact on pedagogical practices in the classroom. In an era where the use of digital technologies should be synonymous with teacher pedagogical practices and transforming education, there is a growing need for pre-service teachers to develop an identity that resonates with pedagogical practices that engage and connect with students in a positive and productive way. With many educational institutions also mandating that educators use digital technologies as a tool to support and enhance teaching, pre-service teacher education needs to ensure that students understand and develop a positive identity within this digital world. Current literature acknowledges that many educators adopt digital technologies in the classroom without sometimes fully understanding its scope or impact. It is within this context that this paper reports on a three-year study of first year pre-service education students and their understanding of identity in a digital world. More specifically, the study identifies how students currently use social and digital media in their personal and professional lives to identify themselves online in order to promote a positive image. The study also seeks to identify how these technologies and an understanding of identity can be utilised to promote a positive first year experience.

Deeply superficial digital media engagement? The case of Twitter and Movember 2013

Using activity generated with Twitter during Movember 2013, we interrogate the natures of superficiality running through what can be defined as a highly successful public health engagement intervention. Indeed, Movember arguably has not just been successful in one year in terms of raising funds for the causes it is concerned with, it has done this year-on-year since 2004. We tracked the keyword 'movember' (without the hash symbol) using an in-house installation of YourTwapperkeeper hosted on a NECTAR server. Data collection ran from 01 October - 04 December 2013, covering the ramp-up and wind-down periods of the event. We collected a total of 1,313,426 tweets from 759,345 unique users.

Multiple instance dictionary learning for activity representation

This paper presents an effective feature representation method in the context of activity recognition. Efficient and effective feature representation plays a crucial role not only in activity recognition, but also in a wide range of applications such as motion analysis, tracking, 3D scene understanding etc. In the context of activity recognition, local features are increasingly popular for representing videos because of their simplicity and efficiency. While they achieve state-of-the-art performance with low computational requirements, their performance is still limited for real world applications due to a lack of contextual information and models not being tailored to specific activities. We propose a new activity representation framework to address the shortcomings of the popular, but simple bag-of-words approach. In our framework, first multiple instance SVM (mi-SVM) is used to identify positive features for each action category and the k-means algorithm is used to generate a codebook. Then locality-constrained linear coding is used to encode the features into the generated codebook, followed by spatio-temporal pyramid pooling to convey the spatio-temporal statistics. Finally, an SVM is used to classify the videos. Experiments carried out on two popular datasets with varying complexity demonstrate significant performance improvement over the base-line bag-of-feature method.

Digital revolution or digital divide: Will rural teachers get a piece of the professional development pie?

In order to sustain the rural education community, access to high quality professional development opportunities must become a priority. Teachers in rural areas face many challenges in order to access professional learning equitable to their city counterparts. In the current climate, the Federal government of Australia is committed to initiatives that support the use of ICT in education. These include initiatives such as the Digital Education Revolution, including the National Broadband Network. This "revolution" includes the committal of $2.2 billion funding over six years from 2008 - 2013 which purports to bring substantial and meaningful change to teaching and learning in Australian schools. Of this funding, the Prime Minister (former Minister for Education), Julia Gillard, has committed $40 million of the total budget to ICT related professional development for teachers. But how will rural teachers ensure they get a piece of the PD pie? Access to professional learning is critical and isolation from colleagues, professional associations and support structures can affect the retention of teachers and in turn affect the sustainability of rural communities. This research paper describes the findings of the first phase of a study that investigates access to professional learning from rural and remote areas of Western Australia, the efficiencies of this approach including teacher perceptions and possible opportunities for improvement through the application of technologies. A survey instrument was administered and the results from104 principals and teachers within the Remote Teaching Service and the Country Teaching Program of the Department of Education and Training (WA) are discussed. Qualitative data was collected by semi-structured interviews and emailed questionnaires. Phase One findings highlight the principals and teachers? perceptions of their access to professional development opportunities, professional learning communities and their use of information and communication technologies (ICT) to bridge the gap

Digital videos in financial accounting: A sociocognitive approach to learning

Understanding the important concepts necessary to undertake the preparation of consolidated financial statements has proven challenging for many accounting undergraduate students. As a result, the development of multimedia modelling concepts such as acquisition analysis, business combination valuation entries, reacquisition entries and intragroup transactions were embedded within an e-learning environment. The principle of modelling, derived from social cognitive theory, was applied to the design of the multimedia. A study was conducted to gauge the effectiveness of the approach and consider student perceptions with regard to learning through this approach. Quantitative data were collected from accounting undergraduate students (n= 464) enrolled across three different cohorts including international campuses (n=386), an Australian campus (n=49) and a distance education cohort (n=29). Analyses were undertaken to show significant differences between these cohorts. This research paper presents findings that indicate a positive and significant association between the number of times the videos were accessed, and the assignment score (p<0.05) was evident, suggesting that students that referred to the videos relatively frequently were able to utilise the knowledge gained from the videos to assist them in completing the assignment.

Learning style and digital activity: An ecological study

In order to understand student engagement in higher education through the use of digital technologies, it is necessary to appreciate the broader use of differing technologies. Forty-eight first-year university students completed an online survey that queried patterns of digital activity across home, school and community contexts and that included rating scale items that measured learning style (i.e., active-reflective, sensing-intuitive, visual-verbal, sequential-global). Results suggest that students vary widely in digital activities and that such variation is related to differences in learning style. For example, active learners were more likely than reflective learners to engage in digital activities in the community and users of some specific application, as opposed to non-users, were more likely to be verbal than visual learners. Implications for instructional applications of digital technology in higher education are presented.

Using Web2.0 applications to close the digital divide in Western Australia

The research reported in this paper documents the use of Web2.0 applications with six Western Australian schools that are considered to be regional and/or remote. With a population of two million people within an area of 2,525,500 square kilometres Western Australia has a number of towns that are classified as regional and remote. Each of the three education systems have set up telecommunications networks to improve learning opportunities for students and administrative services for staff through a virtual private network (VPN) with access from anywhere, anytime and ultimately reduce the feeling of professional and social dislocation experienced by many teachers and students in the isolated communities. By using Web2.0 applications including video conferencing there are enormous opportunities to close the digital divide within the broad directives of the Networking the Nation plan. The Networking the Nation plan aims to connect all Australians regardless of where they are hence closing the digital divide between city and regional living. Email and Internet facilities have greatly improved in rural, regional and remote areas supporting every day school use of the Internet. This study highlights the possibilities and issues for advanced telecommunications usage of Web2.0 applications discussing the research undertaken with these schools. (Contains 1 figure and 3 tables.)

A noticeboard in "both worlds" unsurprising interfaces supporting easy bi-cultural content publication

We describe the design of a digital noticeboard to support communication within a remote Aboriginal community whose aspiration is to live in "both worlds", nurturing and extending their Aboriginal culture and actively participating in Western society and economy. Three bi-cultural aspects have emerged and are presented here: the need for a bi-lingual noticeboard to span both oral and written language traditions, the tension between perfunctory information exchange and social, embodied protocols of telling in person and the different ways in which time is represented in both cultures. The design approach, developed iteratively through consultation, demonstration and testing led to an "unsurprising interface", aimed at maximizing use and appropriation across cultures by unifying visual, text and spoken contents in both passive and interactive displays in a modeless manner.

headspace Digital Art Exhibition

headspace Digital Art Exhibition is a curated collection of artwork created during a youth arts project and research in which young people’s improved mental health wellbeing and mental health literacy were the focused outcomes for the project. The project aimed to improve mental health literacy, and offer greater opportunities for creative expression supporting young people facing mental health challenges. The Inside project aimed to build dialogue related to youth, arts, mental illness and recovery, through a partnership approach. The partnership approach involved artists and health workers in two separate headspace youth mental health services and aimed to provide opportunities to explore the potential of an arts and health framework. The project ran over ten weeks at both centres, incorporating themed activities such as unleashing inner selfie (sketching, photography and digital manipulation); creating dioramas (found object, three dimensional modelling); creating avatars (sculptural and digital animation); and digital narrating and poster creation (visual, written and spoken texts). Two professional artists facilitated the project, one in each location alongside headspace health workers at weekly workshops. A research component explored the appreciation of how artsbased workshops can be used alongside more traditional responses in youth specific mental health services. Both headspace centres had previously provided unstructured art activities as a way to showcase their services to young people, increase access, and to create a welcoming ‘safe’ youth friendly environment. However, these activities were generally extemporaneous and not specifically evaluated. The digital art exhibition collectively shares the artwork created by the young people and reveals the inter-relationships between risk and resilience and overcoming the odds. Inside unleashed possibilities for a sense of well-being and even happiness into the future.

A digital beehive could warn beekeepers when their hives are under attack

Honey bees are in decline, and the current method of keeping them can be disruptive to a colony. But new designs allow beekeepers to monitor a hive remotely, even sniff out disease and pests.