Wednesday, 22 February 2006
As noted in the previous post, last Friday I was in BrizVegas for the ACIPA Copyright Conference.
Naturally, I learned much. But here are two things I really didn’t know, that I should note.
First, this year, the Attorney-General’s Department is planning to do a review of the ‘orphan works’ issue. Orphan works are â€˜copyrighted works whose owners are difficult or even impossible to identify or locateâ€™. A work may become â€˜orphanedâ€™ for various reasons, including because the owner is dead, or the company which owned copyright has ceased to exist. There is plenty of evidence that orphan works do represent a real problem for cultural institutions and libraries, at least, and probably others. And, of course, we have just had the US Copyright Office hand down a report, noting this is a problem and proposing amendments to the US Copyright Act.
So, from a ‘don’t forget to do your homework’ perspective, it is worth starting to think about your submissions now. I think a key in the US was the accumulation of evidence that there was a real issue. Real life examples, if they exist!
The other thing I learned at ACIPA was that everyone’s favourite ‘copyright liability for linking’ case, Cooper (discussed in the last post) is on appeal to the Full Federal Court. I had kind of assumed it wasn’t, but I woz wrong. Final orders were only made in December.
Now, I’ve managed to get my hot little hands on a copy of the Notice of Appeal (nothing wrong with that, it’s a public document). It ain’t that interesting. The E-Talk notice raises, well, everything under the sun, the Cooper notice is remarkably brief. Either way, it might be heard later this year.
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