Appropriation in the name of art: is a quotation exception the answer?

Adeney, Elizabeth 2013, Appropriation in the name of art: is a quotation exception the answer?, Australian intellectual property journal, vol. 23, no. 3, pp. 142-159.

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Title Appropriation in the name of art: is a quotation exception the answer?
Author(s) Adeney, ElizabethORCID iD for Adeney, Elizabeth
Journal name Australian intellectual property journal
Volume number 23
Issue number 3
Start page 142
End page 159
Total pages 18
Publisher Lawbook Co
Place of publication Rozelle, N. S. W.
Publication date 2013-04
ISSN 1038-1635
Keyword(s) copyright infringement
creative appropriations
quotation exception
Australian Law
Summary The Australian Law Reform Commission is at present considering the scope of exceptions to copyright infringement. Its consideration will no doubt be influenced to some degree by the outcome in EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd (2011) 191 FCR 444; (2011) 90 IPR 50 which concerned the quotation of a musical phrase in a later musical work. This article addresses the problem of creative appropriations and the extent to which a quotation exception, consistent with Art 10 of the Berne Convention, should be incorporated into Australian law. In doing so it considers the practical application of such a quotation exception in European jurisdictions (most notably Germany) and suggests the form in which such an exception might be incorporated into Australian law.
Language eng
Field of Research 180115 Intellectual Property Law
Socio Economic Objective 940401 Civil Justice
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
Collections: Faculty of Business and Law
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