Intellectual property and joint ventures

This chapter outlines the most important ways in which intellectual property is protected in Australia, and also the factors which affect the rights of joint venture participants in the absence of specific agreement between such participants. It then examines particular issues which may be considered in preparing appropriate documentation for any joint venture which involves the utilisation or generation of intellectual property to ensure that the joint venture participants achieve their desired result in terms of the allocation of ownership and control of such rights. The analysis includes and explanation of the special considerations which affect co-operation in research between industry and a university or government research institution. Finally, the rights of the joint venturers to intellectual property upon termination of the joint ventures are considered.

Whom to group with - a Bourdieusian narrative analysis of international students in an Australian university

Introduction to the topic or context and/or mapping of the literature Increasing degree-seeking, self-funded, international students from affluent Asian countries, who use English as an additional language (EAL), have contributed to cultural and linguistic diversities in Australian universities. Such diversities further posed challenges in pedagogy and assessment. In particular, these students' English proficiency and cultural attributes were highlighted as factors in productive group discussions, and equitable group assessment. The focus in the research literature thus far is on how EAL international students can better English proficiency and adaptability to group participation. However, little is known from sociological perspectives about the power relations involved in EAL students' choice of group members in group discussions.

The new normativity : the innovation imperative

At a quite fundamental level, the very way in which Public Service Broadcasting (PSB) may envisage its future usually captured in the semantic shift from PSB to Public Service Media (PSM) is at stake when considering the recent history of public value discourse and the public value test. The core Reithian PSB idea assumed that public value would be created through the application of core principles of universality of availability and appeal, provision for minorities, education of the public, distance from vested interests, quality programming standards, program maker independence, and fostering of national culture and the public sphere. On the other hand, the philosophical import of the public value test is that potentially any excursion into the provision of new media services needs to be justified ex ante. In this era of New Public Management, greater transparency and accountability, and the proposition that resources for public value deliverables be contestable and not sequestered in public sector institutions, what might be the new Archimedean point around which a contemporised normativity for PSM be built? This paper will argue for the innovation imperative as an organising principle for contemporary PSM. This may appear counterintuitive, as it is precisely PSB’s predilection for innovating in new media services (in online, mobile, and social media) that has produced the constraining apparatus of the ex ante/public value/Drei-Stufen-Test in Europe, based on principles of competitive neutrality and transparency in the application of public funds for defined and limited public benefit. However, I argue that a commitment to innovation can define as complementary to, rather than as competitive ‘crowding out’, the new products and services that PSM can, and should, be delivering into a post-scarcity, superabundant all-media marketplace. The evidence presented in this paper for this argument is derived mostly from analysis of PSM in the Australian media ecology. While no PSB outside Europe is subject to a formal public value test, the crowding out arguments are certainly run in Australia, particularly by powerful commercial interests for whom free news is a threat to monetising quality news journalism. Take right wing opinion leader, herself a former ABC Board member, Judith Sloan: ‘… the recent expansive nature of the ABC – all those television stations, radio stations and online offerings – is actually squeezing activity that would otherwise be undertaken by the private sector. From partly correcting market failure, the ABC is now causing it. We are now dealing with a case of unfair competition and wasted taxpayer funds’ (The Drum, 1 August http://www.abc.net.au/unleashed/2818220.html). But I argue that the crowding out argument is difficult to sustain in Australia because of the PSB’s non-dominant position and the fact that much of innovation generated by the two PSBs, the ABC and the SBS, has not been imitated by or competed for by the commercials. The paper will bring cases forward, such as SBS’ Go Back to Where you Came From (2011) as an example of product innovation, and a case study of process and organisational innovation which also has resulted in specific product and service innovation – the ABC’s Innovation Unit. In summary, at least some of the old Reithian dicta, along with spectrum scarcity and market failure arguments, have faded or are fading. Contemporary PSM need to justify their role in the system, and to society, in terms of innovation.

Public service versus private interest : a comparative analysis of the Australian and British debates

This paper will compare and evaluate the effectiveness of commercial media lobbying and advocacy against public service media in two countries, the United Kingdom and Australia. The paper will focus empirically on the commercial media coverage of public service media issues in these countries (relating to the BBC and ABC respectively) over the period since the election of the Conservative-led Coalition in Britain in June 2010, and the election of the Gillard government in Australia in August 2010. Reference will be made to preceding periods as relevant to an understanding of the current environment. In both countries the main commercial media rival to public service media is News Corp and its associated organisations – News Ltd and Sky News in Australia, and News International and BSkyB in the UK. The paper will examine with analysis of print and online news and commentary content how News Corp outlets have reported and commented on the activities and plans of public service media as the latter have developed and extended their presence on digital TV and online platforms. It will also consider the responses of the ABC and BBC to these interventions. It will consider, thirdly, the responses of Australian and British governments to these debates, and the policy outcomes. This section of the paper will seek to evaluate the trajectory of the policy-public-private dynamic in recent years, and to draw conclusions as to the future direction of policy. Particular attention will be devoted to recent key moments in this unfolding dialogue. In Britain, debates around the efforts of News Corp to take over 100% of BSkyB, both before and after the breaking of the phone-hacking scandal in July 2011; in Australia, the debate around the National Broadband Network and the competitive tender process for ABC World, that country’s public service transnational broadcaster; and other key moments where rivalry between News Corp companies and public service media became mainstream news stories provoking wider public debate. The paper will conclude with recommendations as to how public service media organisations might engage constructively with commercial organisations in the future, including News Corp, and taking into account emerging technological and financial challenges to traditional rationales for public service provision.

Zircon chronochemistry of high heat-producing granites in Queensland and Europe

High heat-producing granites (HHPGs) are reservoir rocks for enhanced geothermal systems (EGS), yet the origins of their anomalous chemistry remain poorly understood. To gain a better understanding of the characteristic distribution of elemental depletions and enrichments (focussing on U, Th & K) within granite suites of different heritage and tectonic setting, and the processes that lead to these enrichments, we are undertaking a systematic accessory-mineral chronochemical study of two suites of S- and I-type granites in northern Queensland, as well as two archetypal HHPGs in Cornwall, England (S-type) and Soultz-sous- Forêts, France (I-type). Novel zircon LA-ICP-MS chronochemical methods will later be underpinned by a systematic petrographic, scanning electron microscope (SEM), and electron microprobe (EPMA) study of all the REE-Y-Th-U-rich accessory minerals to fully characterise how the composition, textural distributions and associations change with rock chemistry between and among the suites. Preliminary results indicate that zircons with inherited ages do not have anomalously high U (>1000 ppm) & Th (>400 ppm) values (Ahrens, 1965). Instead, enrichment in these HPE is seen in zircons dated to around the time of magmatic emplacement. These results indicate that enrichment arose primarily through fractional crystallisation of the granitic magmas. Our results support the suggestion that a source pre-enriched in the HPEs does not appear to be fundamental for the formation of all HHPGs. Instead fractional crystallisation processes, and the accessory minerals formed in magmas of differing initial compositions, are the key controls on the levels of enrichment observed (e.g. Champion & Chappell, 1992; Chappell & Hine, 2006). One implication is that the most fractionated granites may not be the most enriched in the HPEs and therefore prospective to future EGS development.

Ingenious : Emerging Youth Cultures in Urban Australia

The book documents new findings on the contribution of migrant young people to Australia’s urban life. The essays collected traces teenagers within a world of city suburbs and P plates, shopping malls and chat rooms and text messages. Proud of their migrant backgrounds, they are moving away from explicit ethnically defined cultural groups to focus on their place in contemporary Australian society. These young people through their every day activities are redefining what it means to be an Australian The book is edited by widely published cultural researchers Melissa Butcher from the University of Sydney and Mandy Thomas from the Australian National University who together worked on the GENERATE project. It is far too common for our youth to be portrayed as not belonging to our dominant or mainstream culture. In Ingenious, the editors study the kaleidoscope of influences and environments our youth move within - online networks, dance parties and more - to paint a flexible, innovative generation.

Moving Landscapes : National Parks and the Vietnamese Experience

This study examines the range of Vietnamese understandings of the natural and cultural environment both in Australia and in Vietnam. It documents the differing experiences of Vietnamese-Australians to national parks, focusing on the factors influencing the involvement of Vietnamese people in parks and reserves. These include social, age, economic, gender and cultural determinants. The study also ascertains whether particular parks or reserves have social significance to Vietnamese people in Australia provides material that could impact on NPWS policy in relation to education strategies for different communities indicates ways of increasing community awareness about the NPWS in the Vietnamese community. The study is part of an NPWS research program on multiculturalism and conservation reserves.

Alter/Asians : Asian-Australian Identities in Art, Media and Popular Culture

Exploration of how Australia and Asia are intertwined in everyday culture, and in the imagined worlds of Australians of all backgrounds. Investigates Asian cultural production of art, literature, media and performance that embody Asian social and cultural experiences. Includes endnotes, bibliography and index. Ang and Chalmers work in the School of Cultural Studies at University of Western Sydney. Law and Thomas are Australian Research Council Postdoctoral Fellows at Australian National University and the Research Centre in Inter-communal Studies respectively.

Dreams in the Shadows : Vietnamese-Australian Lives in Transition

Explores the experiences of Vietnamese immigrants in Australia. Description What is it like to be a refugee in a country that has a completely different culture from your own, where you feel very different from those around you? With a fine eye for detail and keen empathy for her interviewees, Mandy Thomas explores the experiences of Vietnamese living in Australia. She examines displacement and loss, the ongoing effects of war trauma, and international and community politics. While reflecting on many of the contemporary debates on identity and communality, she explores the concrete realities of Vietnamese lives through their daily experiences. She discusses how Vietnamese families have adapted Western domestic architecture to create a more comfortable home environment, how traditional festivals now serve new purposes, and the changing nature of status and gender relations. She describes the reception of the Vietnamese by the wider Australian society and in the media, and she explores the ongoing ties that overseas Vietnamese have with their homeland. Dreams in the Shadows is a valuable resource for anyone working with immigrant communities, for readers interested in Vietnamese immigration to Western countries, and for researchers of migration and multiculturalism. 'Dreams in the Shadows is a wonderfully sensitive account of Vietnamese in Australia that provides insight into the worlds of Vietnamese immigrants and the often marginalizing orders of the host society.' Bruce Kapferer, Professor of Anthropology, James Cook University and University College London 'A perceptive, sensitive and culturally nuanced account of one of the most recently formed diasporas - that of Vietnamese in Sydney. Deserves to be widely read.' Pnina Werbner, Reader in Social Anthropology, Keele University

Professional practice research : ensuring teacher development through a critical approach to professional learning

Currently the development of a national system for the ongoing enhancement of teacher professionalism across Australia is underway. The initiative led by Australian Institute of Teaching and School Leadership (AITSL) on behalf of the Ministerial Council for Education, Early Childhood Development and Youth Affairs (now SCSEEC) is progressing rapidly with a finalised set of Professional Standards for Teachers and a set of Professional Standards for Principals approved by Ministers in 2011. It is clear that there is an inextricable link between the newly proposed professional standards and the professional education of teachers and principals across Australia. Further, it is imperative that the education sector will need to work in a unified manner through ongoing consultations to ensure the standards truly reflect what teachers and principals desire of the profession, in terms of teacher preparation, professional learning and training, and professional recognition.

Hollywood’s dominance : a revisionist approach

This 
paper 
is
 based
 on 
a
 PhD 
thesis
 that investigated how Hollywood’s
dominance 
of
 the
 movie
 industry 
arose
 and
 how
 it
 has
 been
 maintained
over
time.
 Major 
studio
 dominance 
and
 the 
global
 popularity 
of
Hollywood
 movies has
 been
 the 
subject
 of
 numerous 
studies. 
An interdisciplinary
 literature 
review
 of 
the
 economics,
 management,
marketing,
 film,
 media
 and
 culture 
literatures
 identified
 twenty
 different 
single 
or
multiple 
factor
 explanations
 that 
try
 to
 account
 for
Major
 studio
 dominance 
at
 different
 time
 periods
 but
 cannot
comprehensively 
explain 
how 
Hollywood
 acquired
 and 
maintained
 global
 dominance 
for
 nine
 decades. 
Existing 
strategic
 management 
and
marketing
 theories
 were 
integrated 
into
 a 
‘theoretical
 lens’
 that
 enabled
a
 historical
 analysis
 of 
Hollywood’s
 longstanding 
dominance 
of
 the
movie
 business
 to
 be 
undertaken 
from 
a
 strategic
 business
 perspective.
 This
 paper
 concludes
 that 
the
 major 
studios 
rise 
to
 market 
leadership
 and 
enduring
 dominance
 can
 primarily
 be
 explained 
because 
they
 developed
 and 
maintained 
a 
set
 of
 strategic
 marketing
 management
 capabilities 
that
 were
 superior 
to rival
 firms
 and 
rival 
film 
industries. 
It
 is
 argued that 
a 
marketing
 orientation 
and 
effective
 strategic
 marketing
management
 capabilities 
also
 provide
a 
unifying
 theory
 for
 Hollywood’s
enduring 
dominance 
because 
they
 can 
account
 for
 each
 of
 the 
twenty
 previously
 identified
 explanations 
for 
that
 dominance.