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.

Co-creative media : theorising digital storytelling as a platform for researching and developing participatory culture

This paper considers the question, ‘what is co-creative media, and why is it a useful idea in social media research’? The term ‘co-creative media’ is now used by Creative Industries researchers at QUT to describe their digital storytelling practices. Digital storytelling is a set of collaborative digital media production techniques that have been used to facilitate social participation in numerous Australian and international contexts. Digital storytelling has been adapted by Creative Industries researchers at QUT as a platform for researching the potential of vernacular creativity in a variety of contexts, including social inclusion of marginalized and disadvantaged groups; inclusion in public histories of narratives that might be overlooked; and articulation of voices that otherwise remain silent in the formulation of social and economic development strategies. The adaption of digital storytelling to different contexts has been shaped by the reflexive, recursive, and pragmatic requirements of action research. Amongst other things, this activity draws attention to the agency of researchers in facilitating these kinds of participatory media processes and outcomes. This discussion serves to problematise concepts of participatory media by introducing the term ‘co-creative media’ and differentiating these from other social media production practices.

The digital practice ecosystem : supporting change in the construction industry through digital practice

The Digital Practice Ecosystem is a network of professional architectural, engineering and contracting firms, government agencies and professional bodies, academic, educational, and research institutions that have the shared goal of fostering changes in the construction industry through applications of digital practice. Changing the process of designing and constructing buildings using digital models will improve quality and efficiency and reduce costs allowing completion on time and on budget.

Uses of YouTube : digital literacy and the growth of knowledge

I invented YouTube. Well, not YouTube exactly, but something close – something called YIRN; and not by myself exactly, but with a team. In 2003-5 I led a research project designed to link geographically dispersed young people, to allow them to post their own photos, videos and music, and to comment on the same from various points of view – peer to peer, author to public, or impresario to audience. We wanted to find a way to take the individual creative productivity that is associated with the Internet and combine it with the easy accessibility and openness to other people’s imagination that is associated with broadcasting; especially, in the context of young people, listening to the radio. So we called it the Youth Internet Radio Network, or YIRN.

Digital scholarship and pedagogy, the next step : cultural science.

There are two aspects to the problem of digital scholarship and pedagogy. One is to do with scholarship; the other with pedagogy. In scholarship, the association of knowledge with its printed form remains dominant. In pedagogy, the desire to abandon print for ‘new’ media is urgent, at least in some parts of the academy. Film and media studies are thus at the intersection of opposing forces – pulling the field ‘back’ to print and ‘forward’ to digital media. These tensions may be especially painful in a field whose own object of study is another form of communication, neither print nor digital but broadcast. Although print has been overtaken in the popular marketplace by audio-visual forms, this was never achieved in the domain of scholarship. Even when it is digitally distributed, the output of research is still a ‘paper.’ But meanwhile, in the realm of teaching, production- and practice-based pedagogy has become firmly established. Nevertheless a disjunction remains, between high-end scholarship in research universities and vocational training in teaching institutions; but neither is well equipped to deal with the digital challenge.

Mobile digital technology : emerging issues for marketing

The growth of direct marketing has been attributed to rapid advances in techn ology and the changing market context. The fundamental ability of direct marketers to communicate with consumers and to elicit a response, combined with the ubiquitous nature and power of mobile digital technology, provides a synergy that will increase the potential for the success of direct marketing. The aim of this paper is to provide an analytical framework identifying the developments in the digital environment from e-marketing to m-marketing, and to alert direct marketers to the enhanced capabilities available to them.

Cipher cities : effective user interface design for building a digital social network around location-based gaming

In this paper we explore what is required of a User Interface (UI) design in order to encourage participation around playing and creating Location-Based Games (LBGs). To base our research in practice, we present Cipher Cities, a web based system. Through the design of this system, we investigate how UI design can provide tools for complex content creation to compliment and encourage the use of mobile phones for designing, distributing, and playing LBGs. Furthermore we discuss how UI design can promote and support socialisation around LBGs through the design of functional interface components and services such as groups, user profiles, and player status listings.

E-Government and the digital divide

Many governments world wide are attempting to increase accountability, transparency, and the quality of services by adopting information and communications technologies (ICTs) to modernize and change the way their administrations work. Meanwhile e-government is becoming a significant decision-making and service tool at local, regional and national government levels. The vast majority of users of these government online services see significant benefits from being able to access services online. The rapid pace of technological development has created increasingly more powerful ICTs that are capable of radically transforming public institutions and private organizations alike. These technologies have proven to be extraordinarily useful instruments in enabling governments to enhance the quality, speed of delivery and reliability of services to citizens and to business (VanderMeer & VanWinden, 2003). However, just because the technology is available does not mean it is accessible to all. The term digital divide has been used since the 1990s to describe patterns of unequal access to ICTs—primarily computers and the Internet—based on income, ethnicity, geography, age, and other factors. Over time it has evolved to more broadly define disparities in technology usage, resulting from a lack of access, skills, or interest in using technology. This article provides an overview of recent literature on e-government and the digital divide, and includes a discussion on the potential of e-government in addressing the digital divide.