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 article, 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.

Getting in the Groove : The Recording Studio Procedural Guide

This paper examines time management in the recording studio from the perspective of the music producer. The paper is presented in the form of a guide that will provide a common language to music clientele and technical personnel to help achieve the best possible creative outcome. The research for the guide combined the author's experience, literary evidence and external assessment to work towards establishing a practical industry resource. The result of the study explored how the success of any recording project can be forecast before valuable resources are committed. The feedback from the survey group was positive and some professionals recognised an immediate application for the procedural guide, which exceeded the author's expectations.

'In the hands of the Receivers': The Politics of Literacy in The Savage by David Almond and Dave McKean

David Almond and Dave McKean's The Savage is a hybrid prose and graphic novel which tells the story of one young man’s maturation through literacy. The protagonist learns to deal with the death of his father and his own 'savage' self by writing a graphic novel. This article reads The Savage in the context of earlier, 'Northern' literacy narrative - particularly Tony Harrison's poem "Them & [uz]" and Barry Hines' Kes — through the discourse of neoliberalism and the notion of the reluctant boy reader. It is suggested that Almond and McKean are influenced by currently dominant ideologies of gender and literacy.

Without an Alibi

The project is a book collection of 65 poems, primarily with an environmental focus. This practice-led project draws on eco-critical theory (Wilson, 1992; and Bate, 2000) and Darwinian literary theory (Carroll, 2004) to explore ideas of ecology, the ‘natural’, and conservation. The poems explore a proposal of synthesis: that nature is for us both a construction of language/culture (as argued by post structuralism/ cultural studies) and also a pragmatic, empirical entity that can be experienced through the senses as well as through culture. For example, individual poems describe genres of ‘forest’ (‘Literary Forests’, ‘The Conservative Forest’, ‘The Imperial Forest’) which demonstrate how ‘nature’ can be culturally constructed, but also remain an empirical entity with which we experience a more immediate, physical connection, as posited by Bate (following Heidegger’s ‘being-in-the-world’) . The work also explores through satire the concept of evolutionary adaptation, for example the integration of machine into forest (‘The Black Forest’), animals adopting human characteristics (‘In Praise of Bears’), and ‘nature’ as a damaged or absent ‘other’. Without an Alibi makes various strands of theoretical thinking concrete and manifest by ‘showing not telling’, in creative practice. The work has been high positively reviewed in the prestigious Australian Book Review, and by Professor Peter Pierce in the Canberra Times. Several of the poems have since been reproduced in national anthologies including The Penguin Anthology of Australian Poetry (2000) and Australian Poetry Since 1988 (Uni of NSW Press).

Bollywood Extras

"Bollywood Extras" has been described as a bit like Vladimir Nabokov's "Lolita" (1955) meets Nathanael West's "Day of the Locust" (1939). Unlike those two classics, this new novel by Dr D. Bruno Starrs is set in 21st Century India's Hindi-language film industry epicenter known as 'Bollywood', Mumbai's answer to America's 'Hollywood'. And there is another major difference: the story (i.e. the narrative interaction between an American Extras Casting Agent, 'Dr Arden Pyle', an under-age wannabe Bollywood starlet, 'Chandy', and the despicable but wealthy Indian man who stalks her, 'Ishmail'), is all staged against a backdrop of rabid religious terrorism. Written with the unique black comedic and literary flair Dr D. Bruno Starrs is renown for, this, his 3rd full-length novel, boldly captures the feel of Mumbai and the small-time players in its big-time film industry, with style, humor and originality. Tom Flood, winner of the Miles Franklin Literary Award and founder of Flood Manuscripts, said this of the novel's second last draft: "What is best about 'Bollywood Extras' will likely be its albatross in the sliced bread world of mainstream publishing. Three strengths that make the work what it is - the length, the style, the intellectual capital - will be three strikes against it when it comes to the money. While I delight in rich language and agile invention, I've given you the reasons the trade ('legit') presses won't take 'Bollywood Extras'. Do I think you should you change it? No. I like it. Why ruin an interesting work for money?" As a professional assessor, Flood did, of course, offer many suggestions and these were duly implemented, although the author steadfastly adhered to the style he had already cemented, thus not changing in anyway what Flood refers to as its three strengths. Dr Starrs knew (having accessed Flood's professional services previously) that a 'Thumbs Up' from the best manuscript assessor in the country meant that Bollywood Extras was ready to be birthed. So, here it is: Dr Starrs has delivered his 3rd baby and 'christened' it "Bollywood Extras"!

Unravel and picking at scabs : the underside of grief (a novella and exegesis)

This thesis consists of a 46,000 word polyphonic novella, Unravel, and an exegesis, Picking at Scabs: the Underside of Grief. The works are companion pieces, sitting side-by-side, and together they plumb the complex depths of loss and its resultant disorder, painful longing, and sorrow. The novella, representing 75% of the work and creative practice, is a multilayered work, which scrapes at the potent unspeakability of the presence of absence in the lives of its chief protagonists, Hana and Guy. As the novella progresses, loss is unraveled to reveal the interplay of remembering and forgetting, past and present and the ways in which these knotty fibres are connected with the strands of memory, trauma, silence, and the uncanny. Each of these threads is woven into the novella and as they plait together, loosen and fray, they expose the mystery, lies and secrets at the core of the novella. The exegesis, which comprises 25% of the thesis, picks at loss to uncover and loosen a complex and worn tangle of knots and loops. In this way, the exegesis and creative work are constantly in dialogue and while neither provides all the answers, both stretch the yarn to reveal an enthusiasm of practice.

Sherlockian adolescence for the twenty-first century : Conan Doyle’s ‘six dirty little scoundrels’ and contemporary children’s literature

Young adult literature is a socialising genre that encourages young readers to take up very particular ways of relating to historical or cultural materials. Recent years have seen a boom in Sherlockian YA fiction inviting reader identification either with the Baker Street Irregulars or an adolescent Holmes. In works by Anthony Read, Andrew Lane, Tracy Mack & Michael Citrin, and Tony Lee, the Sherlock canon provides a vocabulary for neo-Victorian young adult fiction to simultaneously invoke and defer a range of competing visions of working childhood as both at-risk and autonomous; of education as both oppression and emancipation; and of literary-cultural history as both populist and elitist. Such tensions can be traced in Conan Doyle’s own constructions of working children, and in the circulation of the Sherlock stories as popular or literary fictions. Drawing both on the Sherlock canon and its revisions, this paper reads current YA fiction’s deployment of Conan Doyle’s fictional universe as a tool for negotiating contemporary anxieties of adolescence.

On secrets, lies, and fiction : girls learning the art of survival

This chapter’s interest in fiction’s relationship to truth, lies, and secrecy is not so much a matter of how closely fiction resembles or mirrors the world (its mimetic quality), or what we can learn from fiction (its epistemological value). Rather, the concern is both literary and philosophical: a literary concern that takes into account how texts that thematise secrecy work to withhold and to disclose their secrets as part of the process of narrating and sequencing; and a philosophical concern that considers how survival is contingent on secrets and other forms of concealment such as lies, deception, and half-truths. The texts selected for examination are: Secrets (2002), Skim (2008), and Persepolis: The Story of a Childhood (2003). These texts draw attention to the ways in which the lies and secrets of the female protagonists are part of the intricate mechanism of survival, and demonstrate the ways in which fiction relies upon concealment and revelation as forms of truth-telling.

Imagining the city : using fiction to explore urban environments

The paper will describe the ongoing project, Imagining the City: Brisbane Short Story Competition. In 2010, as part of a study investigating urban planning and the gentrification of inner city landmarks, QUT researchers developed six personas to help inform the design of city apartments. Rather than view these personas as static, the authors solicited creative responses to promote further development. Submissions of short stories based on one of the persons, and set in Brisbane, were invited from the general public. Successful stories will be published in an online anthology and as an iPhone application. The paper draws on ethnographic fiction theory to answer the question, how can research, specifically persona and use scenario, be transformed into fiction? The authors suggest that such creative responses in the form of fiction may be useful for urban designers.

Free our cultural archives.

Australians are the creators and custodians of a broad range of cultural materials. This material includes literary, photographic, video and audio archives. These archives should be made available to all Australians for access and reuse, as part of a pre-competitive platform which promotes the interests of the Australian public in gaining access to a diverse range of content that contributes to the development of national and cultural identity. This does not mean that all material must be made available for access and reuse for free and in an unrestricted fashion. But for publicly funded content, free and unrestricted access should be the default. The Venturous Australia report on the National Innovation System recommended that “[t]o the maximum extent possible, information, research and content funded by Australian governments – including national collections – should be made freely available over the internet as part of the global public commons.”1 The report further stated that “both for its direct and indirect benefits to Australia and for the greater global good, Australia should energetically and proudly maximise the extent to which it makes government funded content available as part of the global digital commons...

Engaging the metaphorical city : Brisbane male fiction 1975-2007

Brisbane writers and writing are increasingly represented as important to the city’s identity as a site of urban cool, at least in marketing and public relations paradigms. It is therefore remarkable that recent Brisbane fiction clings strongly to a particular relationship to the climatic and built environment that is often located in the past and which seemingly turns away, or at least elides, the ‘new’ technologically-driven Brisbane. Literary Brisbane is often depicted in the context of nostalgia for the Brisbane that once was—a tropical, timbered, luxuriant city in which sex is associated with heat, and, in particular, sweat. In this writing sweat can produced by adrenaline or heat, but in particular, in Brisbane novels, it is the sweat of sex that characterises the literary city. Given that Brisbane is in fact a subtropical city, it is interesting that metaphors of a tropical climate and vegetation occur so frequently in Brisbane stories (and narratives set in other parts of the state) that writer Thea Astley was prompted at one point to remark that Queensland writing was in danger of developing into a tropical cliché.

The rest flies down the wind : complexities of late style in the work of Christina Stead

Examining the late style of a writer is like skirting around quicksand. End-of-career reflection can subvert long standing critical accounts; revisionist publishing histories or newly minted archival work can do likewise. And, as Nancy J. Troy suggests, an artist’s last thoughts are rarely planned as such (15). In the case of Christina Stead any consideration of late style is made more difficult because, chronologically speaking, her ‘late’ works were written some 20 years before her death in 1983. Thus chronology can be deceptive, as Nicholas Delbanco points out in Lastingness: The Art of Old Age. Stead’s last novel, I’m Dying Laughing The Humourist, was completed, at least in rough draft form in 1966, when Stead was 64, but friends and readers suggested many changes. The book was published posthumously in 1986. Stead’s work is receiving increasing critical attention so a discussion of her ‘late style’ is important, particularly given that her fiction seems to refuse so many attempts at category-making. This perspective reveals two interesting aspects of her late work: first her consistent engagement with the problems of age for women, and in particular women writers, and second, the consequence of a life-long attention to the representation of dialogic sound in her novels, a preoccupation that results in what can be termed an aural signature. My discussion refers to Edward Said’s and Nicholas Delbanco’s ideas about late style by way of a focus on selective biographical issues and Stead’s engagement with radical politics before moving to an examination of what can be called an aural signature in several novels. Her fiction demonstrates one of the agreed markers of late style: she was constantly looking forward and looking back through innovation in form and content.

Seeing a hard country : Lawrence’s Australian landscape

In 1944 Australian author Eleanor Dark wrote that Australia is a hard country for an outsider to see, citing, in evidence, the writing of the “strange, foreign-looking little man with the beard” -- the self-described by D. H. Lawrence. According to Dark, Lawrence was bewildered by Australia because what his eyes saw was not what they were accustomed to seeing. Kangaroo, she wrote, suggests one long, tormented effort to see. Lawrence appears, for Dark, to be half-blind, struggling, and irritated almost beyond belief with his visit to New South Wales. Eleanor Dark wrote this critique in 1944, long after Lawrence’s 1922 visit, but for her, as for other Australian writers, Kangaroo continued to register as an important book, even if the content rankled. Katharine Susannah Prichard and Christina Stead, both advocates in general of Lawrence, likewise rejected the tenor of Kangaroo, although Lawrence would not have been worried about the response. In 1929 he referred to his irritation with Australia in letters to P.R. “Inky” Stephensen, the Australian nationalist and publisher, and he does not seem to have changed his opinions since writing Kangaroo. Yet the novel continued to be significant for Australian writers, even if as a provocation. My discussion traces the responses of the women authors to Kangaroo, and refers to Lawrence’s letters to Stephensen, as a way of emphasizing this significance, seen especially in relation to ideas about ‘seeing’ and the Australian landscape.

Review of "Postcolonial Issues in Australian Literature" edited by Nathanael O’Reilly (Cambria Press, 2010)

Some years ago I opened the 1998 edition of the Johns Hopkins Guide to Literary Theory and Criticism and turned to the entry ‘Australian Theory and Criticism.’ This read: ‘Australia has produced no single critic or theorist of international stature, nor has it developed a distinct school of criticism or theory.’ Postcolonial content was listed under a section called Postcolonial Cultural Studies and there one found key names including Tiffin, Ashcroft, Stephen Slemon, and During...