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.

We'll Close! Plant Closings, Plant-Closing Threats, Union Organizing and NAFTA

This article is based on Final Report: The Effects of Plant Closing or Threat of Plant Closing on the Right of Workers to Organize. The report was commissioned by the tri-national Labor Secretariat of the Commission for Labor Cooperation (the NAFTA labor commission) "on the effects of the sudden closing of the plant on the principle of freedom of association and the right of workers to organize in the three countries."

Swarm intelligence-based solver for parameter estimation of laboratory through-diffusion transport of contaminants

Theoretical approaches are of fundamental importance to predict the potential impact of waste disposal facilities on ground water contamination. Appropriate design parameters are generally estimated be fitting theoretical models to data gathered from field monitoring or laboratory experiments. Transient through-diffusion tests are generally conducted in the laboratory to estimate the mass transport parameters of the proposed barrier material. Thes parameters are usually estimated either by approximate eye-fitting calibration or by combining the solution of the direct problem with any available gradient-based techniques. In this work, an automated, gradient-free solver is developed to estimate the mass transport parameters of a transient through-diffusion model. The proposed inverse model uses a particle swarm optimization (PSO) algorithm that is based on the social behavior of animals searching for food sources. The finite difference numerical solution of the forward model is integrated with the PSO algorithm to solve the inverse problem of parameter estimation. The working principle of the new solver is demonstrated and mass transport parameters are estimated from laboratory through-diffusion experimental data. An inverse model based on the standard gradient-based technique is formulated to compare with the proposed solver. A detailed comparative study is carried out between conventional methods and the proposed solver. The present automated technique is found to be very efficient and robust. The mass transport parameters are obtained with great precision.

Feeling Better, Performing Better? Holistically-Oriented Top Performance and Well-Being (HOPE) : Performance Enhancement and Its Perceived Impacts on Musicians

Most musicians choose a career in music based on their love of the art and a desire to share it with others. However, being a performing musician is highly demanding. Despite considerable evidence of the great frequency of performance-related problems (e.g. debilitating performance anxiety) among professional musicians or aspiring musicians in the current Western classical music tradition these problems are seldom discussed openly. The existing system offers musicians very little help in learning how to build sustainable performance success into their musical career. This study it is first of its kind in Finland which addresses the issue on larger scale in a systematic way. I devised the HOPE intervention (Holistically-Oriented Top Performance and Well-Being Enhancement), in order to learn how to integrate professional peak performance and a sense of personal well-being into the lives and careers of musicians. Unlike most interventions in previous research, the HOPE intervention is explicitly holistic and aims at enhancing the whole musician, not just alleviating performance anxiety. Earlier research has not in principle focused on musicians´ psychological well-being or on their subjective perceptions. The main purpose of the study is to understand the perceived impacts of the specially devised HOPE intervention on the participants and particularly in four key areas: performing, playing or singing well-being, and overall (performing, playing or singing and well-being combined). Furthermore, it is hoped that a deeper understanding of performers´ development will be gained. The research method is interdisciplinary and mainly qualitative. The primary data consist of a series of linked questionnaires (before and after the intervention) and semi-structured follow-up interviews collected during action research-oriented HOPE intervention courses for music majors in the Sibelius Academy. With the longitudinal group called Hope 1, the core data were collected during a nine month HOPE intervention course and from follow-up interviews conducted six months later in 2003-2004. The core data of Hope 1 (nine participants) are compared with the perceived impacts on fifty-three other participants in the HOPE courses during the period since their inception, 2001-2006. The focus is particularly on participants´ subjective perceptions. Results of the study suggest that the HOPE intervention is beneficial in enhancing overall performance capacity, including music performance, and a personal sense of well-being in a music university setting. The findings indicate that within all key areas significant positive changes take place between the beginning and the end of a HOPE intervention course. The longitudinal data imply that the perceived positive changes are still ongoing six months after the HOPE intervention course is finished. The biggest change takes place within the area of performing and the smallest, in participants´ perception of their playing or singing. The main impacts include reduced feelings of stress and anxiety (an enhanced sense of well-being) as well as increased sense of direction and control in one's life. Since the results of the present research gave no other reason to believe otherwise, it is to be expected that the HOPE intervention and the results of the study can be exploited in other areas of human activity as well, especially where continuous professional top performance is a prerequisite such as in business or sports. Keywords: performance enhancement, professional top performance, subjective well-being, subjective perceptions, holism, coaching, music performance anxiety, studying music, music.

Koulukasvatusta teknologisoituvaan yhteiskuntaan : Kansakoulun opetussuunnitelman rakentuminen, 1945-1952

Education for a Technological Society. Public School Curriculum Construction, 1945-1952. The subject of my research is the significance of technology in the construction process of the public school curriculum during the years 1945-1952. During the period the war reparation and rebuilding placed demands and actions to rationalise and dramatise industry and agriculture. Thereby the ambitions of building a technological country and the reformation of curriculum took place simultaneously. Fordistian terms of reference, of which the principles were mass production, rationalisation and standardisation, a hierarchical division of labour and partition of assignments, provided a model for the developing curriculum. In the research the curriculum is examined as an artefact, which shapes socio-technically under the influence of social and technical factors. In the perspective of socio-technical construction the artefact is represented by the viewpoints of members of relevant social groups. The groups give meaning to the curriculum artefact, which determines the components of the curriculum. The weakness of the curriculum was its ineffectiveness, which was due to three critical problems. Firstly, the curriculum was to be based on scientific work, which meant the development of schools through experiments and scientific research. Secondly, the civilised conseption in the curriculum was to be composed of theoretical knowledge, as well as practical skills. Practical education was useful for both the individual and society. Thirdly, the curriculum was to be reformed in a way that the individuality of the pupil would be taken into account. It was useful for the society that talents and natural abilities of every pupil were observed and used to direct the pupil to the proper place in the social division of labour, according to the "right man in a right place" principle. The solutions to critical problems formed the instructions of the public school curriculum, which described the nature and content of education. Technology and its development were on essential part of the whole school curriculum process. The quality words connected to the development of technology - progress, rationality and effectiveness - were also suitable qualifiers and reasons for the reform of the curriculum. On the other hand, technology set a point of comparison and demand for the development of all phases of education. The view of technology was not clearly deterministic - it was also possible to shape technological society with the help of education. The public school curriculum process indicates how originally the principles of technological systems were shaped to the language of education and accepted in educational content.

Monikulttuurisuuskasvatus päiväkodin monikulttuurisessa esiopetusryhmässä

This study reports on the realisation of multicultural education in a multicultural pre-school group of one kindergarten. The research questions were: 1) what multicultural goals and contents did the kindergarten´s own pre-school curriculum contain? and 2) how did the pre-school educators´ views on multicultural education appear in their actions in a multicultural pre-school group? The research was conducted by analysing the curricula, interviewing the educators, and observing of the preschool groups. Pre-school education is seen as part of institutionalised education which is defined through culture. Education is considered from the point of view of critical multicultural education, paying special attention to the role of society in the definition of education. The research is a case study, and it concentrates on the interpretation of the working philosophy of one preschool group with respect to its implementation. The target group consisted of 20 6-year-old pre-school pupils in a kindergarten and their four pre-school educators. The research results showed that the kindergarten´s own pre-school curriculum (1997) was in structure and form consistent with the structure and form of the National Core Curriculum for Pre-School Education from 1996. The only difference was in the classification of the various subject fields and objectives. The contents of the two curricula showed hardly any variation, and both of them contained only few goals and contents for multicultural education. According to the interviews, the educational views and learning philosophy of the pre-school educators represented a child-centred point of view that takes into consideration the individual pupil´s needs and skills. This is also one of the basic principles of multicultural education. The principle was not, however, realised in the directed activities of the pre-school group. The heterogeneity of the pre-school group was dealt with by dividing the children into smaller groups, but the contents of the tuition were not differentiated. All children were provided with the same goals and contents. Multicultural education was seen as remote and separate from the overall educational philosophy. The contents of multicultural education were interpreted by the educators as teaching Finnish as a second language and teaching the children their own mother tongue and religion. After the evaluation of the state of the kindergarten´s multicultural education using four different models, I determined that the kindergarten emerged as a representative of the model where multicultural education is seen as something meant for immigrants only. The aim of the model is a rapid integration of the immigrant children with the majority population. Keywords: education, pre-school education, multicultural education, critical multicultural education, language, culture

Environmental regulation in the pork producing industry - bring on the research!

Over the last 20 years, environmental management in Queensland has moved from the policy backwaters of government to the front line of operations by way of regulatory enforcement, industry programs and incentives. When the new Queensland Environmental Protection Act 1994 (EPA) came into effect, the business of environmental management has become a central feature of urban and rural development activity. The concept of environmentally sustainable development (ESD), has given life to the precautionary principle as a way for planners and regulators to place relevant controls on development. The planning, development and operation of pig farming systems has been effected by the new regulatory framework. Ever more definitive standards and approval permits have emerged which endeavour to achieve ESD. With these modern planning instruments in place, rural industry sectors have become, quite legitimately, concerned about future opportunities for research and innovation. This paper asserts that the capacity to engage in research and to achieve innovation in the pork producing industry is not hindered by Queensland environmental regulation frameworks. However, in order for research and innovation to prosper within these frameworks, some protocols need to be followed by the industry. What is at stake is community confidence.

An analysis of theories of search and search behavior

Theories of search and search behavior can be used to glean insights and generate hypotheses about how people interact with retrieval systems. This paper examines three such theories, the long standing Information Foraging Theory, along with the more recently proposed Search Economic Theory and the Interactive Probability Ranking Principle. Our goal is to develop a model for ad-hoc topic retrieval using each approach, all within a common framework, in order to (1) determine what predictions each approach makes about search behavior, and (2) show the relationships, equivalences and differences between the approaches. While each approach takes a different perspective on modeling searcher interactions, we show that under certain assumptions, they lead to similar hypotheses regarding search behavior. Moreover, we show that the models are complementary to each other, but operate at different levels (i.e., sessions, patches and situations). We further show how the differences between the approaches lead to new insights into the theories and new models. This contribution will not only lead to further theoretical developments, but also enables practitioners to employ one of the three equivalent models depending on the data available.

Future switching technology: bacterial protein-based programmable all-optical switch for integrated optics applications?

We report on the bacterial protein-based all-optical switches which operate at low laser power, high speed and fulfil most of the requirements to be an ideal all-optical switch without any moving parts involved. This consists of conventional optical waveguides coated with bacteriorhodopsin films at switching locations. The principle of operation of the switch is based on the light-induced refractive index change of bacteriorhodopsin. This approach opens the possibility of realizing proteinbased all-optical switches for communication network, integrated optics and optical computers.

Anthraquinones from the Fungus Dermocybe sanguinea as Textile Dyes

This study is based on the multidiciplinary approach of using natural colorants as textile dyes. The author was interested in both the historical and traditional aspects of natural dyeing as well as the modern industrial applications of the pure natural compounds. In the study, the anthraquinone compounds were isolated as aglycones from the ectomycorrhizal fungus Dermocybe sanguinea. The endogenous beta-glucosidase of the fungus was used to catalyse the hydrolysis of the O-glycosyl linkage in emodin- and dermocybin-1-beta-D-glucopyranosides. The method, in which 10.45 kg of fresh fungi was starting material, yielded two fractions: 56.0 g of Fraction 1 (94% of the total amount of pigment,) consisting almost exclusively of the main pigments emodin and dermocybin, and 3.3 g of Fraction 2 (6%) consisting mainly of the anthraquinone carboxylic acids. The anthraquinone compounds in Fractions 1 and 2 were separated by one- and two-dimensional thin-layer-chromatography (TLC) using silica plates. 1D TLC showed that neither an acidic nor a basic solvent system alone separated completely all the anthraquinones isolated from D. sanguinea, in spite of the variation of the rations of the solvent components in the systems. Thus, a new 2D TLC technique was developed, applying n-pentanol-pyridine-methanol (6:4:3, v/v/v) and toluene-ethyl acetate-ethanol-formic acid (10:8:1:2, v/v/v/v) as eluents. Fifteen different anthraquinone derivatives were completely separated from one another. Emodin, physcion, endocrocin, dermolutein, dermorubin, 5-chlorodermorubin, emodin-1-beta-D-glucopyranoside, dermocybin-1-beta-D-glucopyranoside and dermocybin, and five new compounds, not earlier identified in D. sanguinea, 7-chloroemodin, 5,7-dichloroemodin, 5,7-dichloroendocrocin, 4-hydroxyaustrocorticone and austrocorticone, were separated and identified on the basis of their Rf-values, UV/Vis spectra and mass spectra. One substance remained unidentified, because of its very low concentration. The anthraquinones in Fractions 1 and 2 were preparatively separeted by liquid-liquid partition, with isopropylmethyl ketone and aqueous phosphate buffer as the solvent system. Advantage was taken of the principle of stepwise pH-gradient elution. The multiple liquid-liquid partition (MLLP) offered an excellent method for the preparative separation of compounds, which contain acidic groups such as the phenolic OH and COOH groups. Due to their strong aggregation properties, these compounds are, without derivatization, very difficult to separate on a preparative scale by chromatographic methods. By the MLLP method remarkable separations were achieved for the components in each mixture. Emodin and dermocybin were both obtained from Fraction 1 in a purity of at least 99%. Pure emodin and dermocybin were applied as mordant dyes to wool and polyamide and as disperse dyes to polyester and polyamide, using the high temperature (HT) technique. A mixture of dermorubin and 5-chlorodermorubin was applied as an acid dye to wool. In these experiments, synthetic dyes were used as references. Experiments were also performed using water extract of the air-dried fungi as dye liquor for wool and silk. The main colouring compounds in the crude water extract were emodin and dermocybin, which indicated that the O-glycosyl linkages in emodin- and dermocybin-1-beta-D-glucopyranosides were broken by the beta-glucosidase enzyme. Apparently, the hydrolysis occurred during the drying of the fungi and during the soaking of the dried fruit bodies overnight when preparing the dyebath. The colour of each dyed material was investigated in terms of the CIELAB L*, a* and b* values, and the colour fastness to light, washing and rubbing was tested according to the ISO standards. In the mordant dyeing experiments, emodin dyed wool and polyamide yellow and red, depending on the pH of the dyebath. Dermocybin gave purple and violet colours. The colour fastness of the mordant-dyed fabrics varied from good to moderate. The fastness properties of the natural anthraquinone carboxylic acids on wool were good, indicating the strength of the ionic bonds between the COO- groups of the dyes and the NH3+ groups of the fibres. In the disperse dyeing experiments, emodin dyed polyester bright yellow and dermocybin bright reddish-orange, and the fabrics showed excellent colour fastness. In contrast, emodin and dermocybin successfully dyed polyamide brownish-orange and wine-red, respectively, but with only moderate fastness. In industrial dyeing processes, natural anthraquinone aglycone mixtures dyed wool and silk well even at low concentrations of mordants, i.e. with 10% of the weight of the fibre (owf) of KAl(SO4)2 and 1 or 0.5% owf of other mordants. This study showed that purified natural anthraquinone compounds can produce bright hues with good colour-fastness properties in different textile materials. Natural anthraquinones have a significant potential for new dyeing techniques and will provide useful alternatives to synthetic dyes.

Kaaoksen kautta tai hitaasti kiiruhtaen : Pedagoginen muutosprosessi luokanopettajan näkökulmasta

The purpose of this study was to describe and get a deep understanding of pedagogical change process. The phases of pedagogical change process and the nature and the role of teacher s pedagogical thinking in it were mapped. The change process as a whole was also modeled. The previous research of teaching change process has had been scarce on an individual teacher level, but on a school level it has been investigated abundantly. The theoretical background of this study consists of theories of teacher s pedagogical thinking and action and how their thinking and action change and develop. Teacher change has been researched from the point of view of both school change and professional development. The basic principle in the theoretical frame is that change in teacher s thinking leads to change in action. Three men teachers and a woman teacher who have put change into practice took part in this study. The data consisted of two parts: teachers essays of their change process and interviews that were based on the essays. The data was analysed by content analysis. The categorizations of both parts of the data were made separately but they were interpreted together. In this way a deep understanding of pedagogical change process could be reached. The results of this study were descriptions of the phases of pedagogical change process and the nature and the role of teacher s pedagogical thinking in it. In addition a model of pedagogical change process was presented. Pedagogical change process started up because of disorder in teacher s pedagogical thinking and action. The disorder leads to an absolute necessity to change the activities. Change activities stabilize throughout intuitive experiments and reflection-on-action. The change in a teacher s thinking is a prerequisite for the start of the process but also, a teacher s thinking develops as a result of the process. Thus, the whole process results in a real, deep level change in instruction and in the teacher s thinking. That is why pedagogical change processes are visible, significant and they have wide and extensive effects. The study gives out information of controlling the change processes. Consequently, the results of this study encourage teachers to confront change and put their new ideas into practice. Keywords change, development, pedagogical thinking, pedagogical action, teaching-studying-learning process

Tekstiilityötä ja matematiikkaa yhdistävän oppimateriaalin käyttökelpoisuus perusopetuksen yläluokilla

In this study the researcher wanted to show the observed connection of mathematics and textile work. To carry this out the researcher designed a textbook by herself for the upper secondary school in Tietoteollisuuden Naiset TiNA project at Helsinki University of Technology (URL:http://tina.tkk.fi/). The assignments were designed as additional teaching material to enhance and reinforce female students confidence in mathematics and in the management of their textile work. The research strategy applied action research, out of which two cycles two have been carried out. The first cycle consists of establishing the textbook and in the second cycle its usability is investigated. The third cycle is not included in this report. In the second cycle of the action research the data was collected from 15 teachers, five textile teachers, four mathematics teachers and six teachers of both subjects. They all got familiar with the textbook assignments and answered a questionnaire on the basis of their own teaching experience. The questionnaire was established by applying the theories of usability and teaching material assessment study. The data consisted of qualitative and quantitative information, which was analysed by content analysis with computer assisted table program to either qualitative or statistical description. According to the research results, the textbook assignments seamed to be applied better to mathematics lessons than textile work. The assignments pointed out, however, the clear interconnectedness of textile work and mathematics. Most of the assignments could be applied as such or as applications in the upper secondary school textile work and mathematics lessons. The textbook assignments were also applicable in different stages of the teaching process, e.g. as introduction, repetition or to support individual work or as group projects. In principle the textbook assignments were in well placed and designed in the correct level of difficulty. Negative findings concerned some too difficult assignments, lack of pupil motivation and unfamiliar form of task for the teacher. More clarity for some assignments was wished for and there was especially expressed a need for easy tasks and assignments in geometry. Assignments leading to the independent thinking of the pupil were additionally asked for. Two important improvements concerning the textbook attainability would be to get the assignments in html format over the Internet and to add a handicraft reference book.

Laboratories transformation

BACKGROUND OR CONTEXT Laboratories provide the physical spaces for engineering students to connect with theory and have a personal hands-on learning experience. Learning space design and development is well established in many universities however laboratories are often not part of that movement. While active, collaborative and group learning pedagogies are all key words in relation to these new spaces the concepts have always been central to laboratory based learning. The opportunity to build on and strengthen good practice in laboratories is immense. In the 2001 review “Universities in Crisis” many references are made to the decline of laboratories. One such comment in the review was made by Professor Ian Chubb (AVCC), who in 2013, as Chief Scientist for Australia, identifies the national concern about STEM education and presents a strategic plan to address the challenges ahead. What has been achieved and changed in engineering teaching and research laboratories in this time? PURPOSE OR GOAL A large number of universities in Australia and New Zealand own laboratory and other infrastructure designed well for the era they were built but now showing signs of their age, unable to meet the needs of today’s students, limiting the effectiveness of learning outcomes and presenting very low utilisation rates. This paper will present a model for new learning space design that improves student experience and engagement, supporting academic aims and significantly raising the space utilisation rate. APPROACH A new approach in laboratory teaching and research including new management has been adopted by the engineering disciplines at QUT. Flexibility is an underpinning principle along with the modularisation of fixed teaching and learning equipment, high utilisation of spaces and dynamic pedagogical approaches. The revitalised laboratories and workshop facilities are used primarily for the engineering disciplines and increasingly for integrated use across many disciplines in the STEM context. The new approach was built upon a base of an integrated faculty structure from 2005 and realised in 2010 as an associated development with the new Science and Engineering Centre (SEC). Evaluation through student feedback surveys for practical activities, utilisation rate statistics and uptake by academic and technical staff indicate a very positive outcome. DISCUSSION Resulting from this implementation has been increased satisfaction by students, creation of social learning and connecting space and an environment that meets the needs and challenges of active, collaborative and group learning pedagogies. Academic staff are supported, technical operations are efficient and laboratories are effectively utilised. RECOMMENDATIONS/IMPLICATIONS/CONCLUSION Future opportunities for continuous improvement are evident in using the student feedback to rectify faults and improve equipment, environment and process. The model is easily articulated and visible to other interested parties to contribute to sector wide development of learning spaces.

Decision examines wrongdoers and liability

In Ligon Sixty-Three Pty Ltd v ClarkeKann [2015] QSC 153 the court considered an application to join parties as defendants when it was alleged they were concurrent wrongdoers for the purpose of the proportionate liability provisions of the Civil Liability Act 2003 (Qld) (the Act).

Vibrations of a Beam in Variable Contact With a Flat Surface

We study small vibrations of cantilever beams contacting a rigid surface. We study two cases: the first is a beam that sags onto the ground due to gravity, and the second is a beam that sticks to the ground through reversible adhesion. In both cases, the noncontacting length varies dynamically. We first obtain the governing equations and boundary conditions, including a transversality condition involving an end moment, using Hamilton's principle. Rescaling the variable length to a constant value, we obtain partial differential equations with time varying coefficients, which, upon linearization, give the natural frequencies of vibration. The natural frequencies for the first case (gravity without adhesion) match that of a clamped-clamped beam of the same nominal length; frequencies for the second case, however, show no such match. We develop simple, if atypical, single degree of freedom approximations for the first modes of these two systems, which provide insights into the role of the static deflection profile, as well as the end moment condition, in determining the first natural frequencies of these systems. Finally, we consider small transverse sinusoidal forcing of the first case and find that the governing equation contains both parametric and external forcing terms. For forcing at resonance, w find that either the internal or the external forcing may dominate.