Commentary on Gyles v. Wilcox (1741)

Case in which Lord Hardwicke introduces the concept of the ‘fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of ‘fair use' developed in the courts throughout the nineteenth century. The document includes two different reports of the decision, as well as an essay by Samuel Johnson on the right to abridge an author's work.
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne 1710 (that is, the encouragement of learning and production of useful books) (uk_1710), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.

Submission to ALRC IP 46 – Interim Report 127

In Chapter 6 of IP46, vested property rights are recognised to include “copyright and other intellectual property rights”. For the purposes of the Inquiry “the ALRC [identified it was to consider] ‘vested property rights’ more in its broad, rhetorical sense, than in its technical sense, in which there are distinct shades of meaning of ‘vested’”. However, the Interim Report states that any ‘vested right’ of users of copyright works “has not been identified yet in law”. It is assumed from this that the ALRC is proposing not to further consider the contracting out of the fair dealing exceptions. In light of its prior stated purpose it is submitted this is not appropriate...

INFO 2009 Peanut Butter Jelly Website

INFO 2009 Peanut Butter Jelly Website

Collection of Resources for Team Peanut Butter Jelly

The workings of Team Peanut Butter Jelly for INFO2009.

ERA-interim reanalysis debiased at FLUXNET sites

(preliminary) Exchanges of carbon, water and energy between the land surface and the atmosphere are monitored by eddy covariance technique at the ecosystem level. Currently, the FLUXNET database contains more than 500 sites registered and up to 250 of them sharing data (Free Fair Use dataset). Many modelling groups use the FLUXNET dataset for evaluating ecosystem model's performances but it requires uninterrupted time series for the meteorological variables used as input. Because original in-situ data often contain gaps, from very short (few hours) up to relatively long (some months), we develop a new and robust method for filling the gaps in meteorological data measured at site level. Our approach has the benefit of making use of continuous data available globally (ERA-interim) and high temporal resolution spanning from 1989 to today. These data are however not measured at site level and for this reason a method to downscale and correct the ERA-interim data is needed. We apply this method on the level 4 data (L4) from the LaThuile collection, freely available after registration under a Fair-Use policy. The performances of the developed method vary across sites and are also function of the meteorological variable. On average overall sites, the bias correction leads to cancel from 10% to 36% of the initial mismatch between in-situ and ERA-interim data, depending of the meteorological variable considered. In comparison to the internal variability of the in-situ data, the root mean square error (RMSE) between the in-situ data and the un-biased ERA-I data remains relatively large (on average overall sites, from 27% to 76% of the standard deviation of in-situ data, depending of the meteorological variable considered). The performance of the method remains low for the Wind Speed field, in particular regarding its capacity to conserve a standard deviation similar to the one measured at FLUXNET stations.

Local Understandings of Soil Fertility, Rainfall and Conservation Agriculture in Laikipia, Kenya: A Qualitative Analysis.

Conservation Agriculture (CA) is mostly referred to in the literature as having three principles at the core of its identity: minimum soil disturbance, permanent organic soil cover and crop diversity. This farming package has been described as suitable to improve yields and livelihoods of smallholders in semi-arid regions of Kenya, which since the colonial period have been heavily subjected to tillage. Our study is based on a qualitative approach that followed local meanings and understandings of soil fertility, rainfall and CA in Ethi and Umande located in the semi-arid region of Laikipia, Kenya. Farm visits, 53 semistructured interviews, informal talks were carried out from April to June 2015. Ethi and Umande locations were part of a resettlement programme after the independence of Kenya that joined together people coming from different farming contexts. Since the 1970–80s, state and NGOs have been promoting several approaches to control erosion and boost soil fertility. In this context, CA has also been promoted preferentially since 2007. Interviewees were well acquainted with soil erosion and the methods to control it. Today, rainfall amount and distribution are identified as major constraints to crop performance. Soil fertility is understood as being under control since farmers use several methods to boost it (inorganic fertilisers, manure, terraces, agroforestry, vegetation barriers). CA is recognised to deliver better yields but it is not able to perform well under severe drought and does not provide yields as high as ‘promised’ in promotion campaigns. Moreover, CA is mainly understood as “cultivating with chemicals”, “kulima na dawa”, in kiswahili. A dominant view is that CA is about minimum tillage and use of pre-emergence herbicides. It is relevant to reflect about what kind of CA is being promoted and if elements like soil cover and crop rotation are given due attention. CA based on these two ideas, minimum tillage and use of herbicides, is hard to stand as a programme to be promoted and up-scaled. Therefore CA appears not to be recognised as a convincing approach to improve the livelihoods in Laikipia.

Soil attributes and grain yield of upland rice as affected by cover crops.

The aim of this study was to determine the effect of pearl millet intercropped with other cover crops on mineral forms of N and urease activity in soil, nitrate reductase activity in the leaves of the follow-up rice crop, as well as the yield components of this rice crop. The experiment was performed in the year 2012/2013 at two locations of the Brazilian Cerrado.

Rice affected by seed treatment, soil compaction and nitrogen at no-tillage and conventional tillage.

The objective of this study was to determine the best combination of management options for upland rice production: seed treatment, N management and soil compaction in zero and conventional tillage methods.

Rice grain yield as affected by grain-producing cover crops in Cabo Delgado, Mozambique.

The aim of this study was to evaluate the production of biomass and grain cover crops, yield components, and grain yield of rice in Mozambique. The study was conducted in two sites located in the province of Cabo Delgado, in Mozambique.

Transaction costs in an association of organic farmers in Goiania, Brazil.

This study aimed to analyse the transaction costs of an association of organic farmers located in Goiania, Goias state, Brazil. We analysed the marketing and organisation relations based on data collected at the Association for the Development of Organic Farming in Goias state (ADAO/GO).

Where the bloody hell does parody fit in Australian copyright law?

This article examines the role of the recently introduced fair dealing exception for the purposes of parody and satire in Australian copyright law. Parody and satire, while central to Australian expression, pose a substantial challenge for copyright policy. The law is asked to strike a delicate balance between an author’s right to exploit their work, the interests of the public in stimulating free speech and critical discussion, the rights of artists who rely on existing material in creating their own expression, and the rights of all artists in their reputation and the integrity of their works. This article highlights the difficulty parodists and satirists have historically faced in Australia and examines the potential of the new fair dealing exceptions to relieve this difficulty. This article concludes that the new exceptions have the potential, if read broadly, not only to bridge the gap between humorous and non-humorous criticism, but also to allow for the use of copyright material to critique figures other than the copyright owner or author, extending to society generally. This article will argue that the new exceptions should be read broadly to further this important policy goal while also being limited in their application so as to prevent mere substitutable uses of copyright material. To achieve these twin goals, I suggest that the primary indication of fairness of an unlicensed parody should be whether or not it adds significant new expression so as not to be substitutable for the original work.

Copyright vision : copyright jails

This article, published in ON LINE Opinion on 26 October 2006, discusses the broad ranging amendments to the Copyright Act which (in part) implement obligations under the Australia-US Free Trade Agreement (AUSFTA) which were introduced into parliament on October 19, 2006. It covers issues relating to the criminalisation of copyright infringement, user rights and liabilities, and Technological Protection Measures (TPMs).

A Fair Go Beyond the School Gate? Systemic factors affecting participation and attainment in tertiary education by Queensland students from LSES backgrounds

The purpose of this project was to conduct an empirical study that would result in findings that inform systemic policy development aimed at improving tertiary participation and attainment by students from low socioeconomic status (LSES) backgrounds in Queensland. The project focuses on systemic policy, initiatives and programs that encourage tertiary education participation and attainment by individuals from LSES backgrounds, rather than on institution-specific initiatives or programs. While the broad remit was to consider tertiary education participation, the study particularly highlights issues pertaining to LSES student participation and attainment in the higher education sector, given the notable under representation of this demographic subgroup in Australian universities. This study supports the strategic priority of addressing professional skills shortages and innovations aiming to improve human and social capital in the state of Queensland. The ultimate goal is to contribute to the enhancement of Queensland’s education and training system by maximising participation and attainment by people from LSES backgrounds in higher education, thereby improving their quality of life and future life choices and opportunities. The study addressed the following five research questions: 1. What are the major factors that promote or inhibit participation and attainment in tertiary education by LSES students in Queensland? 2. To what extent do systemic policies or practices(systemic factors) of Queensland’s tertiary education system promote or inhibit participation and attainment by LSES students? That is, what features of Queensland’s tertiary education system have a significant effect on participation and attainment by LSES students? 3. What system policies or practices are found to boost participation and attainment by LSES students in other jurisdictions? 4. What evidence is there to suggest that policies or practices that have boosted participation and attainment by LSES students in other jurisdictions would be successful if implemented in Queensland? 5. What are the implications of the research findings for Queensland’s tertiary education system to improve participation and attainment by LSES students? The project adopted a mixed methods approach to data collection. A comprehensive review of the literature was conducted to identify relevant state, national and international literature. Both qualitative and quantitative methodologies were used to collect data from a range of key stakeholders.

"Fair" government contracts for community service provision : time to curb unfettered executive freedom?

All Australian governments are significantly increasing the use of contracted community service provision through not for profit (NFP) organisations. These transactions occur through grant arrangements which take the form of standard contracts or deeds rather than drawing on statutory authority. Government inquiries bodies have consistently reported and raised concerns about the fairness of such standard grant contract terms, but failed to provide any mechanism whereby fairness can be assured. The Productivity Commission has suggested that the resulting poor relationship results in inappropriate risk transfer, micro-management, disincentives to innovate and poor service provision. This paper develops and tests a fairness measure based on the principles of the Australian Consumer Law which legislates fairness protections for standard consumer contracts.  

Addressing the impediments copyright imposes on the use of patent specifications and prior art documents to improve patent quality

This article considers from an Australian perspective the impediments that copyright law places in the path of those who seek to use patent specifications and non-patent prior art documents in ways that are necessary to the proper functioning of the patent system. Until recently, copyright law in Australia had limited the uses to which members of the public could put patent specifications in that country. Those impediments have been removed as a result of an important legislative change to the way in which copyright in patent specifications can be enforced. The change gives the public a greater freedom to make use of patent specifications than it enjoyed before, and removes unwarranted restrictions upon the ways in which the public can reuse valuable information. However, what the amendment does not address is the impediments copyright imposes on using non-patent prior art documents in ways that advance the public interest.