Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation

Thampapillai, Dilan 2010, Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation, Scripted, vol. 7, no. 1, pp. 104-134.

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Title Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation
Author(s) Thampapillai, Dilan
Journal name Scripted
Volume number 7
Issue number 1
Start page 104
End page 134
Total pages 35
Publisher AHRC Research Centre for Studies in Intellectual Property and Technology Law
Place of publication Edinburgh, Scotland
Publication date 2010-04
ISSN 1744-2567
Summary Innovation is clearly essential for economic growth, cultural development and personal autonomy. Yet the relationship between innovation and copyright law in Australia is uncertain and perhaps overly restrictive. After the Australia-United States Free Trade Agreement Australia now has a copyright regime that can broadly be
described as a lock up and lock out scheme. Whilst the Australian Government has paid lip service to innovation the Australian Copyright Act, which provides the essential legal infrastructure for innovation, now privileges the rights of owners over the interests of the public. In particular, the Copyright Act neglects to create a specific exception for technology innovation. If there is to be some coherence in Australia
thinking with regards to innovation and copyright policy it is crucial that such an exception be created. Arguably, it is possible that such an exception can withstand the scrutiny of the three step test. At present the only ‘exception’ that can be said to exist is in the form of the limits of the authorisation liability provisions or the ISP safe harbour scheme. Australian copyright law needs something more substantial than that
and needs for there to be a clear hierarchy between the exceptions and the liability provisions.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2010
Persistent URL http://hdl.handle.net/10536/DRO/DU:30033227

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
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