Copyright, fair use and the Australian Constitution

There has been much debate over recent years about whether Australian copyright law should adopt a fair use doctrine. In this chapter we argue by pointing to the historical record that the incorporation of the term 'copyrights' in the Australian Constitution embeds a notion of balance and fair use in Australian law and that this should be taken into account when interpreting the Australian Copyright Act 1968. English case law in the 18th and 19th centuries developed a principle that copyright infringement did not occur where a person had made a fair use of a work. Fair use was generally established where the defendant had made a productive use that did more than alter the original work for the purpose of evading liability, and where the defendant had made an original contribution to the resulting work. Additionally, fairness was shown by a use that did not supersede or prejudice the market for the original work. At the time of including the copyright power in the Constitution, the UK Parliament’s understanding of “copyrights” included the notion of fair use as it had been developed in U.K. precedent. In this chapter we argue that the work “copyrights” in the Australia Constitution takes its definition from copyright in 1900 and as it has evolved since. Importantly, the word “copyrights” is infused with a particular meaning that incorporates the principle of copyright balance. The constitutional notion of copyright, therefore, is not that of an unlimited power to prevent all copying. Rather, copyright distinguishes between infringing copying and non-infringing copying and grants to the copyright owner only the power to control the former. Non-infringing copying includes well-accepted limitations on the copyright owner’s rights, including the copying of ideas, the copying of public domain works and the copying of insubstantial parts of copyrighted works. In this chapter we argue that non-infringing copying also includes copying to make a fair use of a work. The sections that distinguish infringing copying from non-infringing copying in the Copyright Act 1968 are sections 36(1) and 101(1), which define infringement as the doing, without licence, of an “act comprised in the copyright”. An infringing copy is an act comprised the copyright, whereas a non-infringing copy is not. We argue that space for fair uses of copyrighted works is built into the Copyright Act 1968 through these sections, because a fair use will not produce an infringing copy and so is not an act comprised in the copyright.

Fundamental Principles and Rights At Work: Value, Viability, Incidence and Importance as Elements For Economic Progress and Social Justice

Working Paper prepared for the ILO by Maria Luz Vega Ruiz and Daniel Martinez, focusing on the rights at work in Latin America and the Caribbean.

The value of having no wild rabbits in south-east Queensland

Rabbits released in Australia in 1859 spread to most areas of suitable habitat by 1910 causing great damage to the environment and primary industries. Measurement of damage is essential to justify spending money and utilising resources to remove rabbits. Damage to pasture and biodiversity may be irreversible and therefore difficult to measure without comparison with an area that has never suffered such damage. A rabbit proof fence completed in 1906 protected a large part of south east Queensland from rabbits. The Darling Downs Moreton Rabbit Board (DDMRB) continues to maintain the fence and keep the area relatively free of rabbits. This area is unique because it is highly suitable for rabbits and yet it has never ‘experienced’ the damage caused by plagues of uncontrolled rabbits. A study site was established where the DDMRB fence separates an area heavily used by rabbits (‘dirty side’) from an area that has never been infested by rabbits (‘clean side’). The number and location of all rabbit warrens and log piles were recorded. The absence of warrens from the ‘clean side’ shows clearly that the rabbit proof fence has prevented rabbits from establishing warren systems. The ‘dirty side’ is characterised by a high number of warrens, a high density of rabbits, fewer pasture species and low macropod activity. Future work will determine whether the rabbit populations are viable in the absence of rabbit warrens. We plan to radio collar rabbits on both sides of the fence to measure their survival rate. In selected warrens and log piles of varying degrees of complexity and size, rabbits will be trapped and information on reproduction and age structure will be collected. This will allow better targeting of the source of rabbits during control operations. Once the initial comparative analysis of the site has been completed, all rabbit warrens will be destroyed on the dirty side of the fence. After rabbits are removed from this area, monitoring will continue to determine if pasture and biodiversity on opposite sides of the fence begin to mirror each other.

Social media for social good: Value creation in social media based cause brand communities

This thesis presents a case study of value creation in the social media based brand communities of two Australian cause organisations. It improves understanding of how value is created in this increasingly important environment by examining participants' posts and practices, organisational strategies and supporters' perceptions of value creation. The thesis shows that while value creation is complex, value is generated for supporters and organisations alike, and positively influences the outcomes for recipients of the vital services provided by the cause organisations. Value creation in this context thus manifests social good for supporters, service recipients and society at large.

The economic value of new tropical biorefinery industries in Australia

Biorefineries, co-producing fuels, green chemicals and bio-products, offer great potential for enhancing agricultural value, and developing new industries in the bioeconomy. Biomass biorefineries aim to convert agricultural crops and wastes through biochemical and enzymatic processes to low cost fermentable sugars and other products which are platforms for value-adding. Through subsequent fermentation or chemical synthesis, the bio-based platforms can be converted to fuels including ethanol and butanol, oils, organic acids such as lactic and levulinic acid and polymer precursors. Other biorefinery products can include food and animal feeds, plastics, fibre products and resins. In 2014, QUT commissioned a study from Deloitte Access Economics and Correlli Consulting to assess the potential future economic value of tropical biorefineries to Queensland. This paper will report on the outcomes of this study and address the opportunities available for tropical biorefineries to contribute to the future profitability and sustainability of tropical agricultural industries in Queensland and more broadly across northern Australia.

Resilience of a high-conservation-value, semi-arid grassland on fertile clay soils to burning, mowing and ploughing.

In grassland reserves, managed disturbance is often necessary to maintain plant species diversity. We carried out experiments to determine the impact of fire, kangaroo grazing, mowing and disc ploughing on grassland species richness and composition in a nature reserve in semi-arid eastern Australia. Vegetation response was influenced by winter-spring drought after establishment of the experiments, but moderate rainfall followed in late summer-autumn. Species composition varied greatly between sampling times, and the variability due to rainfall differences between seasons and years was greater than the effects of fire, kangaroo grazing, mowing or disc ploughing. In the fire experiment, species richness and composition recovered more rapidly after spring than autumn burning. Species richness and composition were similar to control sites within 12 months of burning and mowing, suggesting that removal of the dominant grass canopy is unnecessary to enhance plant diversity. Two fires (separated by 3 years) and post-fire kangaroo grazing had only minor influence on species richness and composition. Even disc ploughing caused only a small reduction in native richness. The minor impact of ploughing was explained by the small areas that were ploughed, the once-off nature of the treatment, and the high degree of natural movement and cracking in these shrink-swell soils. Recovery of the composition and richness of these grasslands was rapid because of the high proportion of perennial species that resprout vegetatively after fire and mowing. There appears to be little conservation benefit from fire, mowing or ploughing ungrazed areas, as we could identify no native plant species dependent on frequent disturbance for persistence in this grassland community. However, the ability of the Astrebla- and Dichanthium-dominated grasslands to recover quickly after disturbance, given favourable seasonal conditions, suggests that they are well adapted to natural disturbances (e.g. droughts, fire, flooding and native grazing).

Resin defect impacts on the value of graded recovery and evaluation of technologies for internal defect detection in slash pine logs.

The key outcome will be to identify a technology that is practical to use to scan logs identified by the modelling as suspect or marginal for sawing and to confirm their unsuitability for value adding sawing by internal scanning.

Membrane fractionation technologies for high quality mill sugar and value-added by products - an integrated sugar production process concept model.

Membrane filtration technology has been proven to be a technically sound process to improve the quality of clarified cane juice and subsequently to increase the productivity of crystallisation and the quality of sugar production. However, commercial applications have been hindered because the benefits to crystallisation and sugar quality have not outweighed the increased processing costs associated with membrane applications. An 'Integrated Sugar Production Process (ISPP) Concept Model' is proposed to recover more value from the non-sucrose streams generated by membrane processing. Pilot scale membrane fractionation trials confirmed the technical feasibility of separating high-molecular weight, antioxidant and reducing sugar fractions from cane juice in forms suitable for value recovery. It was also found that up to 40% of potassium salts from the juice can be removed by membrane application while removing the similar amount of water with potential energy saving in subsequent evaporation. Application of ISPP would allow sugar industry to co-produce multiple products and high quality mill sugar while eliminating energy intensive refining processes.

Develop added value uses of high anti-bacterial honey

Honey is valued for its medicinal properties. There interest from industry to develop a rapid method to detect the bioactivity of honey and also to develop value added products from high antibacterial honey.

Smart sorbers - value adding spent litter fertiliser. A pilot trial

Currently spent litter is not a balanced fertiliser. This project is a first step in improving the ability to reduce environmental contamination and to more fully realise the full fertilizer and soil amendment value of this material.

ACIAR 9995 Improving the value chain for plantation-grown sawn wood

To improve the yield of marketable high value sawn and/or veneer timber from young plantation grown eucalypts: through the greater understanding and management of growth stresses; grain angle; juvenile wood; and other important wood properties.

High-value wood products from sub-tropical plantations

To refine the emerging silvicultural systems for sub-tropical eucalypt plantations to produce logs of acceptable dimensions and quality for processing into high-value solid and engineered wood products, while maintaining financial attractiveness for growers. The available resources are focussed primarily on sub-tropical Corymbia plantings.

Improved domestic profitability and export competitiveness of selected fruit value chains in the southern Philippines and Australia program

The goal of the Program is to contribute to economic growth in the Philippines through increased income and improved livelihoods of tropical fruit growers in southern Philippines. The purpose of the Program is to improve the smallholder and industry profitability and export competitiveness of selected tropical fruits industries in the southern Philippines. Fruit crops to be targeted are mango, papaya, durian and jackfruit. The primary audience for the outcomes of this Program are medium to large scale commercial fruit growers and farmers predominantly in the regions of Leyte (VIII), northern Mindanao/Cagayan de Oro (X) and southern Mindanao/Davao (XI).

Improving added value and small medium enterprises capacity in the utilisation of plantation timber for furniture production in Jepara region

Improving added value and Small Medium Enterprises capacity in the utilisation of plantation timber for furniture production in Jepara region of Indonesia: improving recovery, design, manufacturing, R&D and training capacities.