Development of the Copyright Laws - Essay Example

Name Tutor Course Date Intellectual Properties Introduction Intellectual property laws in Australia are aimed at protecting the authors and copyright holders so that infringement of their works does not take place. The Copyright laws in Australia are closely related to the British copyright laws. The Australian Copyright Act 1968 defines the enforceable rights of the creators of creative and artistic works. The Australian Copyright Act 1968 has undergone several amendments for the purpose of ensuring that the laws are in compliance with the international laws on intellectual properties. Australia is also a net importer of copyrighted works and hence the amendments that have taken place to ensure compliance. The copyright laws in Australia also encourage the artists and creators to come up with more creative works. Copyright Amendment Act 2006 made the changes that were required by the US-Australia Free Trade Agreement (Ricketson, et al, 24). The materials that are protected by the copyright are clearly defined in the Copyright Amendment Act which came to effect in January 2007. Exclusive rights are also defined clearly and are enjoyed by the owners of the works or the copyright holders. Authorship and its correlative originality are important in the copyright laws of Australia. This is because of the rights that the authors enjoy in accordance with the law. The intellectual property laws in Australia also play an important role in ensuring that the originality of the works of the authors is maintained. This ensures that the more creativity is encouraged and the rights of the copyright holders are upheld. The courts in Australia have encountered several cases that are related to the copyright infringement and the Australian Copyright Amendment Act has been used for decision making. The paper discusses the intellectual property laws in Australia in relation to the copyright laws. Discussion Development of the copyright laws The government in Australia has always been keen on protecting the authorship and copyright holders. Australian copyright laws originate from the British copyright laws that were established by the British parliament. The copyright laws were introduced in Australia in 1928 and included the coverage of literary properties. Paintings, drawings and photographs were also covered by the laws. Before the establishment of the Australian federation, the colonies in Australia had already enacted the copyright laws. The copyright Act 1905 was the first law in Australia that was departure of the British Copyright laws. The Australian copyright Act 1912 was adopted after the British Copyright Act 1911was implemented. The laws were expanded and it covered the architecture, sound recordings and motion pictures. However, despite the changes, the British Copyright Act 1911 continued to operate until the Australian Copyright Act 1968 was established. The Australian copyright Act 1968 is still operational to date although it has undergone several amendments. The establishment of the Copyright Law Review Board in 1983 led to several amendments to the laws governing the copyright. However, the government disbanded the board in 2005 after it had produced a high number of reviews to the law. The amendments that were made were for the purposes of ensuring that the works of the authors are fully protected. On the other hand, the amendments were for the purpose of ensuring that laws are in compliance with the international laws in terms of copyright and it fully protects the authors. Authorship and correlative originality in the copyright law The authorship and correlative originality are important concepts in the Copyright laws in Australia. According to section 31(1) of the Copyright Act `1968, the copyright in relation to a work is the exclusive rights. Section 31(1)(a) of Copyright Act 1968 gives the authors an exclusive right to reproduce the work in material form, to publish the work, to perform the work in public, to communicate the work in public and to make the adaptation of the work. The authorship and correlative originality is thus considered of importance by the Copyright Act 1968 due to its contributions to the public. Authorship also plays an important role in enabling the authors to claim ownership of their works and hence ensuring that they are able to benefit from their works. Authorship also enables the copyright owner to make arrangements that enables them to allow other people to use their works. According to section 32(1) of the copyright Act 1968, Copyright subsists in an original, literary, dramatic, musical or artistic work that is unpublished and of which the author was qualified at the time of publication. The Copyright Act 1968 plays an important role in ensuring that the authorship is protected from any exploitation in Australia. On the other hand, the authors have to be qualified in order to ensure that their works are credible and fully protected by the law. According to section Authorship and original works in Australia are highly valued. This is because the originality of the works must be protected from infringement. According to section 35 of the copyright Act 1968, the author of a literary, dramatic, musical or artistic work is the owner of the copyright. In the case of Burge v Swarbrick, the question was whether the plug for a yatch produced during the manufacturing process could be classified as a work for artistic craftsmanship. The high court ruled that the degree of artistic quality also determines whether the artistic work can be protected by copyright or not. 32(4), a qualified person is an Australian Citizen or a person who is a resident of Australia. The owner of the copyright has the right to exploit their works for the purposes of benefiting financially. The Act also plays an important role in ensuring that the works of the authors are not exploited by other people as it leads to infringement. On the other hand, the illegal use of the works of the authors has a negative impact on the originality of the works. The authorship concepts are thus important in ensuring that the works are preserved. The act also gives the employers the exclusive rights over the works of their employees unless an agreement is made between the employers and the employee (Davison, et al, 7). This is for the purpose of ensuring that the employers are not exploited by their employees. This exclusive right also enables the originality of the works to be maintained. The authorship is also important in ensuring that the private works are not exploited for commercial purpose. When the author is granted an exclusive right, their work has to be accessed to ensure that it will not infringe on the private rights. Authorship therefore plays an important role in ensuring that the privacy of the members of the public is not abused by the authors. Through authorship, control is established which plays an important role in ensuring that the works of the authors are not against the laws. In some instances, the authors may die before publishing their works. The originality of their work may easily be compromised by other who may exploit it for their own commercial benefit. However, according to section 33 of the Copyright Act 1968, the works of the author continues to subsist for 70 years after the death of the authors. This is also applicable to the works that had not been published after the death of the author. The copyright laws therefore play an important role in ensuring that authorship is protected and the rights of the authors are not infringed. Authorship is also important according to the copyright laws since it allows the works of the authors to be exposed to the members of the public through publications. The copyright laws plays an important role in ensuring that the authors are not exploited financially through illegal publication of their works (Fawcett, et al, 12). This ensures that the authors obtain the value for their work together with recognition. Some of the works may be anonymous and it may be difficult to trace the authors. This is because of the nature of the works. The Copyright laws in Australia also protect such works and it is usually published for a period of 70 years. This is for the purpose of ensuring that the intended message is communicated. This is also an indication that the copyright laws in Australia are for the purpose of ensuring that the publication of all the materials regulated. The copyright Act 1968 also plays an important role in terms of ensuring that the authorship is protected from infringement. According to section 36, any person who uses the works of the author without a license or the authority of the author is liable for the copyright infringement. This means that anyone who intends to use the works of an author has to be licensed or seek the permission of the author. The copyright law therefore ensures that the originality of the works is fully protected. Selling the works of an author without their permission also amount to the infringement of the rights. This is according to section 38 of the Copyright Act 1968. This act therefore ensures that the authors are protected from exploitation by the people who intend to sell their works or articles illegally in Australia. The distribution of the works of the author is also guided by the copyright laws which ensure that illegal distribution is not carried out. On the other hand, machine printing or photocopying of the works of the authors for commercial purposes is also illegal (Davis, 13). The Act therefore ensures that the articles of the authors are not reproduced illegally. The laws therefore play an important role in ensuring that the originality of the works of the authors or their articles is maintained. The infringement of the works of the authors or their articles is also regarded as criminal in Australia according to the Copyright Amendment Act 2006. The copyright laws also play an important role in highlights the actions that do not amount to the infringement of works of the authors. According to section 40 of the Copyright Act 1968, the use of the works of the authors for the purpose of carrying out research does not amount to infringement. On the other hand, the act also allows the use of the works of the authors for the purposes of review, reporting news or parody. The act therefore ensures that the works of the authors can be used for the benefit of the society. Temporary reproduction of the works can also be made for the purposes of communication or technical processes (Waelde, 6). In the case of Stevens v Kabushiki Kaisha Sony Computer Entertainment the high court ruled that the copyright of the computer program is only infringed if it is reproduced in material form. The case involved the legality of reproducing in material in computer program. The copyright Act plays an important role in ensuring that the works of the authors can be accessible to the members of public. According to section 193 of the Copyrights Act 1968, the author of a work has a right of attribution. Section 195AA also outlines that the author should be identified in a clear and reasonably prominent manner. This is an indication that the copyright laws recognize the importance of authorship. The law also ensures that the authors are fully recognized for their works. The recognition of the authors plays an essential role in ensuring that they benefit from their works. The recognition also plays an important role in ensuring that the future authors are encouraged to publish their works. Financial gains are also obtained by the authors through the protection of their works and articles from exploitation. IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458; (2009) 80 IPR 451 In the case, nine networks claimed that the copyright protected its weekly television program schedule. The company claimed that IceTV had infringed on its rights by producing part of its schedule in it electronic guide the IceGuide. The federal court held that any reproduction of the time and title information in the IceGuide could not be considered as a reproduction of substantial part of the schedules in its electronic program guideline. This is because the title in the IceGuide contained little originality. However, the high court overturned this decision in a landmark ruling. According to the judges, the concepts of authorship and author of the literary works are important in the copyright legislation. The concept of public benefits and rewarding the author was also considered during the ruling. The court also considered that the information that was reproduced was not sufficiently substantial to an infringement of the skills and labor of the employees of Nine Network employees. The case also played an important role in highlighting the conflict between the public interest and the rights of the authors. The need to identify the authors is also an important concept in the Copyright Act 1968 that was also highlighted in the case. On the other hand, the concepts of producing the works using the computer were also highlighted. This is considering that the digital age has led to more challenges in relation to the copyright laws. The importance of an author in the digital age in relation to the public interest is thus a contentious issue affecting the copyright legislation. In the case of Network Ten Pty Limited v TCN Channel Nine Pty Limited, the court ruled that copyright is largely owned by the maker and large by the investor and not the author and no originality in the sense is required. The aspect of originality in the modern day therefore requires a careful approach so as to balance between rewarding the authors while at the same time considering the public interest. The current copyright laws have limitations when it comes to the regulation of the online works. This is because it of the difficulties in regulating the works that is online. The case also played an important role in highlighting the challenges in the determination of the copyright infringements in the modern era of technology. The originality of the works is usually changed when it is reproduced by a different author online. This affects the concepts of authorship. However, the authors are also set to benefit when their works is produced online as the sales of the printed works is always increased. Most of the authors consider producing their online works for free to serve as an incentive to the public. This plays an important role in promoting the public interest. The free online production has a positive impact o the sale of the printed works. This has a positive impact on the author in terms of financial benefits and it also promotes the rights of the author. The originality of the works is also maintained through adopting the concept of public interest and the rights of the author (Aplin, et al, 6). The economic model of publishing is also changing which is affecting the originality of the works produced. On the other hand, it is also important to note that the authors should be motivated for the purpose of ensuring that they continue producing their creative works. In the light of the case, there is likely to be a shift in the law relating to originality. This is especially in the works that are produced online and also the electronic works. In the face of the digital era, maintaining originality is difficult sine the works of the author can be reproduced online by different sources and hence affecting the authorship. On the other hand, the digital era has created a global network which means that the works of the author can easily be compromised by individuals from different parts of the world (Stewart, 7). The shift in the originality laws will thus be focused on ensuring that the public benefits are considered and the rights of the authors are respected. This is the only way that will ensure that authorship and originality is enhanced in the face of technology. The amendments in the copyright laws will therefore be required for the purposes of ensuring that the technological aspects are considered when protecting the authorship. The copyright in the written works is likely to undergo a shift for the purposes of ensuring that the authorship is maintained in the digital era. The expansion of the copyright borders has also been expanded to the global territory which has made it difficult for the concepts of authorship and originality to be regulated by the Copyright Act 1968. It is also difficult for the authors to enjoy the copyright protection in accordance to the act. The copyright Act 1968, also gives the authors an explicit right to exploit their works for financial benefits. However, with the digital era, the financial benefits of the works of the authors may not be achieved (Fromer, 1748). The changes in the copyright laws should be focused on the protection of the digital copyrights. This will ensure that the authorship issues are addressed. The rights of the authors will also be respected while at the same time the public interest will be taken into account. The recognition of the fair use of copyright materials should also be considered. It is also important to note that there is a diminished willingness to recognize the copyright as a property that is owned by the creator. It is thus important to ensure that copyright legislation is amended so as to ensure that the current list of fair use of copyright is expanded. The e-publishing and the internet has also led to some effects on the concepts of authorship and the originality of the work. Unlike the past, the authors are increasingly finding it difficult to benefit financially from their works due to the increase in the use of the internet. It is thus important for the copyright laws to be focused on addressing the challenges that are brought about by the internet so as to ensure that the originality of the works are in line with the rights of the authors and the public interest (Price, et al, 4). Conclusion In conclusion, it is evident that copyright Act 1968 has played an important role in protecting the rights of the authors. Originality and authorship has also been promoted by the works which has also led to the financial gains of the authors. It is also important to note that the authorship concepts in Australia are closely related to the British laws. The history of the authorship laws can be traced back to the twentieth century. Several amendments have also been carried out on the copyright laws for the purpose of ensuring that it reflects the needs to f the authors and members of the public. However, it is also important to note that the case of IceTV Pty Ltd v Nine Network Australia Pty Ltd has brought in a new discussion on the concepts of originality and authorship. This is because of the internet and the changes to access of information in the digital era. The law therefore requires changes in order to meet the demands of the authors and members of the public. Works Cited Australian Copyright Act 1968 Copyright Amendment Act 2006. IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458; (2009) 80 IPR 451. Ricketson, Sam. et al. Intellectual property: Cases, materials and commentary. LexisNexis Butterworths, 2012. Davison, Mark. et al. Australian intellectual property law. Cambridge University Press, 2012. Fawcett, James. et al. Intellectual property and private international law. Oxford University Press, 2011. Davis, Jennifer. Intellectual Property Law Core Text. Oxford University Press, 2012. Waelde, Charlotte, et al. Contemporary intellectual property: Law and policy. Oxford University Press, 2013. Aplin, Tanya. et al. Intellectual property law: text, cases, and materials. Oxford University Press, 2013. Stewart, Andrew John. et al. Intellectual Property in Australia. LexisNexis Butterworths, 2010. Fromer, Jeanne C. "Expressive Incentives in Intellectual Property." Virginia Law Review (2012): 1745-1824. Price, et al. Adjei Intellectual Property (Thomson Lawbook 5th ed 2012) Network Ten Pty Limited v TCN Channel Nine Pty Limited [2004] HCA 14. Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58. Burge v Swarbrick [2007] HCA. Read More