scholarly journals Copyright Review: Issues for Cultural Practice

2013 ◽  
Vol 17 (2) ◽  
pp. 309
Author(s):  
Jill McKeough

The Australian Law Reform Commission (ALRC) has been asked by the Attorney-General to inquire into and report on current and further desirable uses of copyright material in the context of the digital economy. In this paper the focus is on the scope of the terms of reference of the ALRC and the importance of copyright in a modern digitally orientated world. The paper also analyses other important initiatives and reports in this area, focusing on the changing ‘political economy’ and cultural impact on copyright issues and, in particular the challenges for copyright law.

2013 ◽  
Vol 17 (2) ◽  
pp. 335 ◽  
Author(s):  
Elizabeth Adeney

The borrowing and rearrangement of musical content, especially in the digital context, raises difficult questions for copyright law. There is significant community support for a loosening of the restrictions on the derivative (and particularly creative) use of copyright material. Law reform is called for. This paper discusses the possible introduction of a new exception to copyright infringement but notes that in the drafting of any such exception not only the economic rights but also the moral rights of the originating author need to be taken into account.


2013 ◽  
Vol 17 (2) ◽  
pp. 385 ◽  
Author(s):  
Matthew Rimmer

The Kookaburra case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In this case, a copyright action was brought by Larrikin Records against Men at Work, alleging copyright infringement by Down Under of the Kookaburra song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the Kookaburra song. The litigation raised questions about copyright infringement and substantiality — particularly in relation to musical works. The case highlighted frailties in Australia’s regime of copyright exceptions. The litigation should spur the Australian Law Reform Commission to make recommendations for law reform in its inquiry, Copyright and the Digital Economy. This paper provides a critical evaluation of the options of a defence for transformative use; a defence for fair use; and statutory licensing. The paper also examines the question of appropriate remedies in respect of copyright infringement. The conclusion considers the implications of the Kookaburra case for other forms of musical works — including digital sampling, mash-ups, and creative remixes. It finishes with an elegy for Greg Ham — paying tribute to the multi-instrumentalist for Men at Work.


Author(s):  
Zoe Adams ◽  
Henning Grosse Ruse-Khan

Abstract This article explores the challenges associated with creative work in the digital economy at both a conceptual and practical level, through the conjoined lenses of labour law and copyright law. We begin by developing a conception of the capitalist work relation and the distinct struggles intrinsic to it. This allows us to better understand the functions of creative work in contemporary ‘digital’ capitalism and the various regulatory challenges to which these different functions give rise. We then use this analysis to explore some of the conceptual and practical challenges that arise in both labour and copyright law when it comes to regulating creative work in an age of ‘digital platforms’, with a particular focus on the question of how to secure creators a fair remuneration, and potentially, a living, for their work. The concluding section discusses the potential and limits of new European Union rules on mandatory protections for authors and users to deal with these challenges.


2019 ◽  
Vol 21 (9) ◽  
pp. 1947-1966
Author(s):  
Michael Kaplan

Drawing on the century-long preoccupation with premodern or “primitive” economic forms that has shaped the social sciences, this essay argues that the political economy of social networking platforms is structured like a potlatch. Understanding this structure and its dynamics is indispensable for grasping the social, economic and cultural preconditions and implications of communicative capitalism.


Author(s):  
Yu Hong

This chapter recaps the profound changes in the political economy of communications as a frontier of economic restructuring and synthesizes different yet interrelated processes and outcomes of forging the digital economy across communications. In light of the central position assigned to communications in the scheme of economic restructuring, this chapter also pursues the following question: How much advantage would China likely gain from this newly discovered developmental focus? It explores likely global implications in ICT manufacturing, media and entertainment, and internet governance.


1997 ◽  
Vol 25 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Kathleen Blake

Dickens is not known as a political economist. He is the critic of workhouse abuses (made topical by Benthamite Poor Law reform) in Oliver Twist and the caricaturist of the father of Adam Smith and Malthus Gradgrind in Hard Times. Students of Victorian literature familiarly take Hard Times as F. R. Leavis does as a condemnation of “The World of Bentham,” of utilitarianism, philosophic radicalism, political economy. It is what we expect when Dickens, The Critical Heritage gives us John Stuart Mill complaining about Bleak House and that “creature” Dickens for a portrait of Mrs. Jellyby that he finds antifeminist (to Harriet Taylor, March 20, 1854, qtd. in Collins, 297–98). But consider: in Bleak House there is a passage where Mr. Skimpole declares his family to be “all wrong in point of political economy” (454). His “Beauty daughter” marries young, takes a husband who is another child; they are improvident, have two children, bring them home to Skimpole's, as he expects his other daughters to do as well, though they none of them know how they will get on. Skimpole is exposed in the course of the novel as one of its worst characters. For a bribe and to save himself from infection he turns the smallpox-stricken Jo out into the night. He cadges loans from those who can't afford to make them. He encourages Richard in his fatal false hopes of a Chancery settlement for a payback to himself for helping the lawyer Mr. Vholes to a client. Esther Summerson ultimately condemns him, and Mr. Jarndyce breaks with him. If Skimpole is all wrong in point of political economy, can there be something all right with political economy for Dickens?


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