Fair Dealing Exceptions Submission to ALRC IP 46

This submission is directed to issues arising in respect of the need to ensure users are able to access copyright works and as such address the following questions only: Question 6-1: What general principles or criteria should be applied to help determine whether a law that interferes with vested property rights is justified? Question 6-2: Which Commonwealth laws unjustifiably interfere with vested property rights, and why are these laws unjustified?

A fair use project for Australia: Copyright law and creative freedom

This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the Harry Potter Lexicon. Part 4 looks at the controversy over the Shepard Fairey poster of President Barack Obama, and the resulting debate with Associated Press. Part 5 of the essay considers the intervention of the Fair Use Project as an amicus curiae in the ‘Column case’. Part 6 explores the participation of the Fair Use Project as an amicus curiae in the litigation over 60 Years Later, an unauthorised literary sequel to J.D. Salinger’s The Catcher in the Rye. Part 7 of the essay investigates the role of the Fair Use project in disputes over copyright law and musical works. Part 8 investigates the role of the Fair Use Project as an advocate in disputes over copyright law, fair use, documentary films, and internet videos. The conclusion has main three arguments. First, it contends that Australia should establish a Fair Use Project to support creative artists in litigation over copyright exceptions. Second, it maintains that Australia should adopt a flexible, open-ended defence of fair use, and draw upon the rich jurisprudence in the United States on the fair use doctrine. Finally, this paper argues that support should be given at an international level to the proposal for a Treaty on Access to Knowledge.

Landscape symphonies : gardening as a source of landscape architecture practice engaged with change

The notion of designing with change constitutes a fundamental and foundational theoretical premise for much of what constitutes landscape architecture, notably through engagement with ecology, particularly since the work of Ian McHarg in the 1960s and his key text Design with Nature. However, while most if not all texts in landscape architecture would cite this engagement of change theoretically, few go any further than citation, and when they do their methods seem fixated on utilising empirical, quantitative scientific tools for doing so, rather than the tools of design, in an architectural sense, as implied by the name of the discipline, landscape architecture.

Towards a literacy of attention

In 1997, business trend analyst Linda Stone proposed the term "continuous partial attention" to characterise the contemporary experience of wanting to be ‘a live node on the network’. She argued that while it can be a positive and functional behaviour, it also has the potential to be disabling, compromising reflective and creative thought. Subsequent studies have explored the ways in which technology has slowly disrupted the idea and experience of a "centred" and "bounded" self. Studies of ‘Gen Y’ show the ease with which young people accommodate this multiplying of the self as they negotiate their partial friendships and networks of interest with family and work. In teaching and learning circles in tertiary education we talk a lot about problems of student ‘disengagement’. In characterising our challenge this way, are we undermining our potential to understand the tendencies of contemporary learners? This paper begins a consideration of how traditional models, frameworks and practices might oppose these partially engaged but continuously connected and interpersonal "dividuals". What questions does this provoke for learning environments towards harnessing yet counterpointing the crisis students might experience; to recognise but also integrate their multiple selves towards what they aim to become through the process of learning?

What student attributes affect experience of PBL in Virtual Space?

Some Engineering Faculties are turning to the problem-based learning (PBL)paradigm to engender necessary skills and competence in their graduates. Since, at the same time, some Faculties are moving towards distance education, questions are being asked about the effectiveness of PBL for technical fields such as Engineering when delivered in virtual space. This paper outlines an investigation of how student attributes affect their learning experience in PBL courses offered in virtual space. A frequency distribution was superimposed on the outcome space of a phenomenographical study on a suitable PBL course to investigate the effect of different student attributes on the learning experience. It was discovered that the quality, quantity, and style of facilitator interaction had the greatest impact on the student learning experience. This highlights the need to establish consistent student interaction plans and to set, and ensure compliance with, minimum standards with respect to facilitation and student interactions.

Investigating the influences on attendance and intention to rejoin with inaugural members of a new football team

This study investigated the effects of factors like member satisfaction and social rituals on desirable outcomes such as attendance, intention to rejoin and merchandise sales. This study focuses on the inaugural members of a new team in Australia’s A-League to gain insight into how loyalty develops amongst fans of new sporting organisations. The results show the importance to sports marketers of satisfying members and building ritual behaviour, as both are correlated with all of the positive outcomes investigated here.

Daylighting design in the architectural design studio

This paper discusses two different approaches to teaching design and their modes of delivery and reflects upon their successes and failures. Two small groups of third year design students have been given projects focussing on incorporation of daylighting to architectural design in studios having different design themes. In association with the curriculum, the themes were Digital Tools and Sustainability. Although both studios had the topic of daylighting, the aim and methodology used were different. Digital Tool studio’s aim was to teach how to design daylighting by using a digital tool, where as, Sustainability studio aimed at using scale modelling as a tool to learn about daylighting and integrating it into design. Positive results for providing student learning success within the University context were the students’ chance to learn and practice some new skills –using a new tool for designing; integration of the tutors’ extensive research expertise to their teaching practice; and the students’ construction of their own understanding of knowledge in a student-centred educational environment. This environment created a very positive attitude in the form of exchanging ideas and collaboration among the students of Digital Tools students at the discussion forum. Sustainability group students were enthusiastic about designing and testing various proposals. Problems that both studios experienced were mainly related to timing. Synchronizing with other groups of their studios and learning of a new skill on top of an already complicated process of design learning were the setbacks.

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.

A comparative overview of "know-how" protection in Japan and Australia

"Know How" protection varies enormously from country to country and is a complex equation of legal, political, cultural and economic factors. A contrast between Japan and Australia serves to highlight some of these factors. For the purposes of this article, a working definition of "know how" is required. In Australia and other common law systems, no statutory definition of "know how" exists, "confidential information" proving the closest comparative term in Australia ('trade secret law' in the United States).

Evidence-based practice : information professionals' experience of information literacy in the workplace

Evidence-based practice is increasingly being recognised as an important issue in a range of professional contexts including education, nursing, occupational therapy and librarianship. Many of these professions have observed a relationship or interface between evidence-based practice and information literacy. Using a phenomenographic approach this research explores variation in the how library and information professionals are experiencing evidence-based practice as part of their professional work. The findings of the research provide a basis for arguing that evidence-based practice represents the professional's enactment of information literacy in the workplace.

Curtains and carnality : processural seductions in eighteenth century text and space

Libertine erotic novellas included a number of seductive descriptions of unfolding spaces often seen through the eyes of a narrator. Instructional volumes such as Point de lendermain by Vivant Denon (1777) aimed at the sexual education of young women and the titillation of men also followed suit. Similarly architectural theory such as Le Camus de Mézières’, The Genius of Architecture (1780) also promoted the sensuous and seductive aspects of surfaces and spatial arrangements. In the erotic settings of the cabinet, descriptions of curtains generate as much arousal as the outline of a naked body, and for some players it is the space that is desired above their lover.

An application of Keller’s Brand Equity Model in a B2B context

Powerful brands create meaningful images in the minds of customers (Keller, 1993). A strong brand image and reputation enhances differentiation and has a positive influence on buying behaviour (Gordon et al., 1993; McEnally and de Chernatony, 1999). While the power of branding is widely acknowledged in consumer markets, the nature and importance of branding in industrial markets remains under-researched. Many business-to-business (B2B) strategists have claimed brand-building belongs in the consumer realm. They argue that industrial products do not need branding as it is confusing and adds little value to functional products (Collins, 1977; Lorge, 1998; Saunders and Watt, 1979). Others argue that branding and the concept of brand equity however are increasingly important in industrial markets, because it has been shown that what a brand means to a buyer can be a determining factor in deciding between industrial purchase alternatives (Aaker, 1991). In this context, it is critical for suppliers to initiate and sustain relationships due to the small number of potential customers (Ambler, 1995; Webster and Keller, 2004). To date however, there is no model available to assist B2B marketers in identifying and measuring brand equity. In this paper, we take a step in that direction by operationalising and empirically testing a prominent brand equity model in a B2B context. This makes not only a theoretical contribution by advancing branding research, but also addresses a managerial need for information that will assist in the assessment of industrial branding efforts.

Globalization, suburbanization, and the creative workforce : Findings from Australian suburban communities

This paper considers the changing relationship between economic prosperity and Australian suburbs, noting that what has been termed “the first suburban nation” in experiencing an intensification of suburban growth in the 2000s, in the context of economic globalization. The paper reports on a three-year Australian Research Council funded project into “Creative Suburbia”, identifying the significant percentage of the creative industries workforce who live in suburban areas. Drawing on case studies from suburbs in the Australian cities of Brisbane and Melbourne, it notes the contrasts between the experience of these workers, who are generally positive towards suburban life, and the underlying assumptions of “creative cities” policy discourse that such workers prefer to be concentrated in high density inner urban creative clusters.

Changing academic practice to prepare nursing undergraduates for an evidence-based approach

Evidence based practice (EBP) has been accepted as a process to assist health professionals in clinical decision making to improve patient outcomes. It requires applying skills in a prescribed sequence to critique existing practices. Many countries, including Australia, require nurses to demonstrate competencies in EBP skills to be registered. In the last ten years, this has lead to universities incorporating EBP in undergraduate nursing degree courses. The literature reports many challenges including students’ difficulties in critically appraising research evidence, and their need for both simplification of the process and extensive support. The purpose of our study was to investigate the effectiveness of a standalone introductory EBP subject for a diverse group of third-year undergraduates, based on a novel but challenging approach to assessment. Despite many changes made in the second iteration of the subject, most students’ perceptions of the subject’s difficulty remained unchanged. This research aligns with the issues identified in the literature and has wider applicability to the teaching of rapidly changing disciplines, where evidence-driven consumers have easy access to information and expect up-to-date practices.