The novel as social satire: 60 years later, the wind done gone and the limitations of fair use

The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes.

Book review : Hollywood's copyright wars : from Edison to the internet by Decherney, Peter

Exploration of landmark court cases and decisions in the copyright debate in the US, from Edison's attempts to extend to the fledgling film industry copyright law designed to protect photographs, to the Hollywood studios' responses to copyright breaches, and fair use exemptions granted to media educators and others since 2006.

Indonesia in 2006 : cautious reform

Indonesia in 2006 appeared to be stabilizing after several years of political and economic upheaval. Cautious reforms continued, but official corruption remained problematic. It appeared that the Aceh conflict was over. At year's end, Indonesia still faced many daunting problems but appeared to be charting a steadier course.

A survey of first-year university students`ability to use spreadsheets

Universities are using more information and communication technologies (ICT) in their teaching and learning environments. An anonymous multiple-choice survey self-assessed the spreadsheet skills of students enrolled in first-year units at the beginning of 2003. The results of the survey indicate significant deficiencies in the use of spreadsheets. There is a significant proportion of students who are unable to use spreadsheets as part of their education at the start of their university studies. The implications for tertiary education are discussed.

Implementing integrated coastal zone management through the use of coastal action plans: lessons from Victoria

There are currently no performance indicators in place for assessing the successful implementation of Victoria,'s strategic plans (Coastal Action Plans, CAPs) in achieving Integrated Coastal Zone Management (ICZM) at a regional level. This article explores the findings of a study which assessed the success of the approach adopted in Victoria under the State Coastal Management Act 1995 to implement ICZM through CAPs. The study developed a set of criteria for measuring this success. We conclude with a discussion of how appropriate such an approach may be in other jurisdictions.

Recreational use of a marine protected area: Point Lonsdale, Victoria

This This article reports findings from observational and questionnaire surveys of visitors to a Marine Protected Area (MPA) at Point Lonsdale, Victoria. The MPA was established primarily to protect the biodiversity of intertidal rock platforms, with only limited restrictions being placed on fishing. Visitor surveys were undertaken to identify and quantify recreational uses, assess level of compliance with regulations, identify the uses most likely to have damaging impacts on biota, and to assess awareness of, and support for, this MPA and for MPAs in general. A questionnaire survey of visitors supported observational survey findings concerning recreational use patterns and provided information on awareness about and attitudes towards conservation measures for this location and for Victoria's marine environment. The finding that about half the visitors were not aware that
they were visiting a marine protected area has implications for future management of this area and MPAs in general. Most visitors indicated support for the concept of marine conservation areas and marine protected areas.

Use of spreadsheet simulations in university chemistry education

Students who are strong in logical-mathematical intelligence have a natural advantage in learning and understanding chemistry, which is full of abstractions that are remote from the material world. Simulations provide more-inclusive learning activities for students who are weak in logical-mathematical intelligence.

A second advantage of using simulations is that they are not limited by (for example) the quantised energies, integral masses and discrete expectation values of real atoms and molecules. Numerical experiments can be used to investigate the effect of continuously varying atomic mass, bond distance or any other property, from one value to another.

Finally, students are more familiar with spreadsheets than more advanced mathematical packages such as MathCAD, MAPLE, Mathematica and other symbolic algebra software. Use of these advanced packages presents additional learning hurdles for students and should be used only for advanced classes. Furthermore, spreadsheets are capable of a level of sophistication that is greater than commonly expected. This can be achieved without the use of MACROs.

Examples from the author's teaching are used to discuss the advantages of spreadsheet simulations for learning chemistry.

A preliminary examination of public opinion in Australia on the use of biometric devices or identifiers in everyday life

Since the September 11,2001 terrorist attacks in New York City, many countries including Australia have been able to justify the use of biometric devices for identification and surveillance of their own citizens and others in the name of national security.

This paper reports on the preliminary findings of a survey that examined Australians' views and experiences with the use of biometric devices in everyday situations in the context of their potential to serve as a 'Panopticon' to keep the nation's citizenry under surveillance. It discusses the adoption of the new communication technology from the point of view of the Justification model that sees technology choice as social
gambling and the pluralist view of technology that sees technology as neutral in itself but as having negative or positive effects on society based on how It is used.

The paper proposes the need for Australian society to balance citizens' right to privacy and civil liberties with the right to stay alive and safe from terrorism and how it may be done with the necessary legal and regulator)' safeguards.

Digitisation and copyright compliance for course materials and library reserve materials at Deakin University

A digitisation effort employed by Deakin University Library has proven to be of great benefit to its distance and lifelong learners. This paper discusses issues involved with digitisation and copyright compliance issues associated with producing electronic information resources made available to distance and lifelong learners at Deakin University. The authors discus the balance between print and e-reserves, the differences in course-pack content and electronic reserves and the copyright compliance issues that regulate fair access. Budgetary concerns, in terms of staff time, computer equipment were weighed to determine efficiency. The project was carried out in several phases, beginning with the digitisation of class notes, exams, class presentations, and finally with the materials covered within copyright regulations. A respective project would complete the project. It was found that there was a significant financial savings in the digitisation of electronic reserves, yet the main goal was to better serve the remote user with enhanced access. Relevant screenshots and bibliography are included. M. Thomas.

Use of medical orders in acute care oxygen therapy

The life of every living organism is sustained by the presence of oxygen and the acute deprivation of oxygen will, therefore, result in hypoxia and ultimately death. Although oxygen is normally present in the air, higher concentrations are required to treat many disease processes. Oxygen is therefore considered to be a drug requiring a medical prescription and is subject to any law that covers its use and prescription. Administration is typically authorized by a physician following legal written instructions to a qualified nurse. This standard procedure helps prevent incidence of misuse or oxygen deprivation which could worsen the patients hypoxia and ultimate outcome. Delaying the administration of oxygen until a written medical prescription is obtained could also have the same effect. Clearly, defined protocols should exist to allow for the legal administration of oxygen by nurses without a physicians order because any delay in administering oxygen to patients can very well lead to their death.

An audit of local government planning tools for their potential use in addressing community food and nutrition issues

Issues addressed: This project aimed to identify how local government planning tools could be used to influence physical and policy environments to support healthy eating behaviours in communities.
Methods: An audit of Queensland's legislative and non-legislative local government planning tools was conducted by a public health nutritionist to assess their potential use in addressing strategies to achieve positive nutrition outcomes. Ten strategies were identified and covered the following themes: improving access to healthy foods and drinks; increasing access to breastfeeding facilities; decreasing fast food outlet density; and unhealthy food advertising. 
Results: The audit found that all of the 10 strategies to achieve positive nutrition outcomes could be considered through three or more of the planning tools.
Conclusion: Based on the findings of this audit, local government planning tools provide opportunities to address food and nutrition issues and contribute toward creating physical and policy environments that support healthy eating behaviours.

Effect of type and severity of intimate partner violence on women's health and service use : findings from a primary care trial of women afraid of their partners

Intimate partner violence (IPV) has major affects on women’s wellbeing. There has been limited investigation of the association between type and severity of IPV and health outcomes. This article describes socio-demographic characteristics, experiences of abuse, health, safety, and use of services in women enrolled in the Women’s Evaluation of Abuse and Violence Care (WEAVE) project. We explored associations between type and severity of abuse and women’s health, quality of life, and help seeking. Women (aged 16–50 years) attending 52 Australian general practices, reporting fear of partners in last 12 months were mailed a survey between June 2008 and May 2010. Response rate was 70.5% (272/386). In the last 12 months, one third (33.0%) experienced Severe Combined Abuse, 26.2% Physical and Emotional Abuse, 26.6% Emotional Abuse and/or Harassment only, 2.7% Physical Abuse only and 12.4% scored negative on the Composite Abuse Scale. A total of 31.6% of participants reported poor or fair health and 67.9% poor social support. In the last year, one third had seen a psychologist (36.6%) or had 5 or more general practitioner visits (34.3%); 14.7% contacted IPV services; and 24.4% had made a safety plan. Compared to other abuse groups, women with Severe Combined Abuse had poor quality of life and mental health, despite using more medications, counseling, and IPV services and were more likely to have days out of role because of emotional issues. In summary, women who were fearful of partners in the last year, have poor mental health and quality of life, attend health care services frequently, and domestic violence services infrequently. Those women experiencing severe combined physical, emotional, and sexual abuse have poorer quality of life and mental health than women experiencing other abuse types. Health practitioners should take a history of type and severity of abuse for women with mental health issues to assist access to appropriate specialist support.

Working hours in supply chain Chinese and Thai factories: evidence from the fair labor association's 'soccer project'

This article examines the determinants of working excessive hours, defined as working in excess of 60 hours per week or for more than six consecutive days, in Chinese and Thai supply chain factories. We use a matched employer-employee dataset collected from 15 Chinese and Thai footwear and sporting apparel supply chain factories, which supply international brands. Matched employer-employee data allow us to examine the effect of worker and firm characteristics on hours worked. We find that in addition to the demographic and human capital characteristics of workers, firm-level characteristics and worker awareness of how to refuse overtime are important in explaining variation in hours worked. © John Wiley & Sons Ltd/London School of Economics 2011.