scholarly journals The Copyright and Privacy Nexus

2005 ◽  
Vol 36 (3) ◽  
pp. 507 ◽  
Author(s):  
Susy Frankel
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Intellectual Property ◽  
Private Information ◽  
Copyright Law ◽  
Current Form ◽  
The United Kingdom ◽  
The Relationship

The New Zealand development of a tort limited to wrongful publication of private fact (and in the United Kingdom by extension of breach of confidence) has not been accompanied by a consideration of the relationship that such a cause of action might have with intellectual property, particularly copyright. The emerging tort is potentially a strong right in information. The appropriate parameters of protection of information are core to many aspects of copyright law. This article questions whether the sidelining of copyright law in the privacy debate is appropriate. In general there is an overlap between intellectual property, particularly copyright and privacy in relation to information. Specifically an overlap arises because there is a section in the Copyright Act 1994 that provides a privacy right in relation to films and photographs. This article examines that provision and concludes that in its current form it is inconsistent with the emerging tort of privacy in wrongful disclosure of private information.

scholarly journals To punish or not punish: a comparative analysis of the legislative treatment of exemplary damages in Commonwealth jurisdictions

2021 ◽  
Author(s):  
◽  
Eva Boolieris
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
New Zealand ◽  
Intellectual Property ◽  
Public Interest ◽  
Research Process ◽  
Personal Injury ◽  
The United Kingdom ◽  
Civil Remedy ◽  
Private Litigation

<p>Exemplary damages are an exceptional and controversial civil remedy.1 Though private litigation generally falls under the radar, exemplary damages often draw public interest due to the highly charged nature of the cases that concern this award.2 This paper outlines the different legislative approaches that the Commonwealth jurisdictions of New Zealand, Australia, Canada and the United Kingdom take to exemplary damages in the areas of personal injury, property, intellectual property, trade and commerce, media, employment and miscellaneous areas. This paper does not address the availability of exemplary damages in procedural legislation. The research process involved finding legislative references to exemplary damages in these jurisdictions and categorising these references. Relevant parliamentary materials and commentary have also been included. This paper concludes that exemplary damages should be awarded in New Zealand and that New Zealand’s current generous approach towards awarding exemplary damages in legislation is appropriate.</p>

scholarly journals To punish or not punish: a comparative analysis of the legislative treatment of exemplary damages in Commonwealth jurisdictions

2021 ◽  
Author(s):  
◽  
Eva Boolieris
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
New Zealand ◽  
Intellectual Property ◽  
Public Interest ◽  
Research Process ◽  
Personal Injury ◽  
The United Kingdom ◽  
Civil Remedy ◽  
Private Litigation

<p>Exemplary damages are an exceptional and controversial civil remedy.1 Though private litigation generally falls under the radar, exemplary damages often draw public interest due to the highly charged nature of the cases that concern this award.2 This paper outlines the different legislative approaches that the Commonwealth jurisdictions of New Zealand, Australia, Canada and the United Kingdom take to exemplary damages in the areas of personal injury, property, intellectual property, trade and commerce, media, employment and miscellaneous areas. This paper does not address the availability of exemplary damages in procedural legislation. The research process involved finding legislative references to exemplary damages in these jurisdictions and categorising these references. Relevant parliamentary materials and commentary have also been included. This paper concludes that exemplary damages should be awarded in New Zealand and that New Zealand’s current generous approach towards awarding exemplary damages in legislation is appropriate.</p>

scholarly journals Taking the Ombudsman Concept into the Private Sector: Notes on the Banking Ombudsman Scheme in New Zealand

1996 ◽  
Vol 26 (2) ◽  
pp. 233
Author(s):  
Nadja Tollemache
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Public Sector ◽  
Private Sector ◽  
French Language ◽  
The Public ◽  
The United Kingdom ◽  
Sequence Of Events ◽  
The Relationship

This article traces the development of the institution of Ombudsman in New Zealand and comments on the move of the idea from the public to the private sector. The article first discusses the historical tests for unlawfulness under the Ombudsmen Act 1962 and 1975, which focused on the public sector. The success of the Ombudsmen in the public sector then led to the appointment of New Zealand's first Banking Ombudsman in 1992, modelled on similar offices in the United Kingdom and Australia. However, the article discusses factors that distinguish New Zealand's Banking Ombudsman to that of the United Kingdom: the sequence of events, the structure of the office, and the relationship between the Parliamentary Ombudsman and those in the private sector. *Note: a French language summary of this article is provided at 244.

Copyright Distinctions in Educational Technology

2020 ◽  
pp. 140-162
Keyword(s):  
Higher Education ◽  
Educational Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Copyright Law ◽  
Research Collaborations ◽  
The United Kingdom ◽  
The World ◽  
European Students ◽  
The Uk

Copyright law is the most recognizable form of intellectual property in the world and perhaps the most misunderstood in educational technology. This is not surprising due to the current climate of uncertainty and financial austerity in higher education. Universities in the United Kingdom in particular are facing significant challenges. Brexit brings uncertainty for treatment of European students in the UK for research collaborations with Europe and for British partnerships across Europe.

A Comparative Study of the State of Ethics in Youth Work Practice in Jamaica, Australia, New Zealand and the United Kingdom

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Cleopatra Monique Parkins
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Code Of Ethics ◽  
Critical Role ◽  
Work Practice ◽  
Primary Data ◽  
Youth Work ◽  
Youth Workers ◽  
Ethical Practices ◽  
The United Kingdom

Even though youth work has played a critical role in fostering the holistic development of today’s youth, much controversy has surrounded the practice. Nevertheless, youth workers are slowly being accorded professional status, and a code of ethics has been developed in some jurisdictions. Some states are still to adopt this code; consequently the credibility of youth workers and the sector in general sway with the wind. This article presents a comparative analysis of ethical practices of youth work in Jamaica, Australia, New Zealand and the United Kingdom, examining current trends in observing ethics and addressing ethical issues. In the case of Jamaica, the researcher used the non-probability convenience sampling technique and collected primary data from a questionnaire administered to a sample of youth workers. The perspective of the ministerial arm responsible for youth work in Jamaica was also captured through an interview. In the case of Australia, New Zealand and the United Kingdom, the framework of the profession and specifically matters pertaining to ethical practices were examined through the use of secondary data sources, which included reports on youth work practices in the selected countries. A mixed methodology was employed in analysing the data collected. The major findings of this study confirmed that advancing youth work as a profession is dependent on the acceptance and integration of a formal code of ethics, that youth workers must receive training on ethics and that a national youth work policy is important to guide youth work practice. In accordance with the findings, the researcher makes a number of recommendations and highlights notable best practices that may help with the overall professionalisation of the sector.

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