find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
Be gentle with Crown copyright: LIV

Be gentle with Crown copyright: LIV

MAJOR CHANGES to Crown copyright laws are unnecessary, according to the Law Institute of Victoria (LIV). Responding to a request for submissions to the Copyright Law Review Committee’s issues…

MAJOR CHANGES to Crown copyright laws are unnecessary, according to the Law Institute of Victoria (LIV).

Responding to a request for submissions to the Copyright Law Review Committee’s issues paper, Crown Copyright, the LIV stated there could, however, be scope for clarification of where Crown copyright exists.

Prepared in February this year, Crown Copyright asked whether copyright should subsist in government material, in whom it should be vested and under what circumstances.

Options for reform ranged from the abolition of statutory copyright and Crown prerogative (vesting copyright either privately or in the public domain), to its retention, with improved administration.

The Government could also adopt licensing practices or waive copyright in certain circumstances and types of material. However, the Government could also retain copyright but create a special exception to copyright infringement for government material.

The committee highlighted three key issues for members of the legal profession and other interested parties to consider. Firstly, whether the legislative scheme establishing government ownership of copyright was appropriate, and second, whether the government should own copyright in material produced by the executive, judicial and legislative arms of government. Lastly, it asked what options there were for reform, legislative or otherwise, and the costs and benefits of these.

In its submission, the LIV stated that it believed the law relating to government ownership of copyright material in Australia should not be changed in a “wholesale manner”.

It pointed out that the context in which Crown copyright operated was distinct from the operation of commercial copyright. It said the reason for the creation of copyright in a Crown context was to advance a public purpose, including education and information.

On the other hand, the LIV stated, the purpose of copyright in a commercial organisation was focused on sales and making profit.

Also, the LIV did not favour “an exhaustive legislative definition of the Crown, so as to preserve the existing jurisprudence surrounding this concept, and to maintain flexibility”.

The LIV did acknowledge, however, that there was scope for the legislation to “provide greater clarity on what constitutes an instrumentality of the Crown”.

Noting that the line between public and private sector organisations could sometimes be blurred, it argued that “greater guidance should be provided in the form of a list of factors to consider in determining whether a body constitutes an instrumentality of the Crown”.

“Such a list would assist practitioners in determining which side of the line the particular organisation that is being considered falls; that is, is the body an instrumentality of the Crown or not? Such a list should be flexible enough to deal with changes to economic and/or political circumstances,” the LIV said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Be gentle with Crown copyright: LIV
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Human body, illegal organ trafficking, ALHR
Sep 22 2017
Australia poised to combat illegal organ harvesting: ALHR
The Australian Lawyers for Human Rights are calling for changes to the law so that organ trafficking...
Online service, barristers, BarristerSELECT, Stephen Foley
Sep 22 2017
New online service leverages barristers’ clerks to aid briefing
A new online tool has been launched to help NSW solicitors find the most suitable barristers for the...
NSW District Court judge, Tim Gartelmann SC, next appointment,
Sep 22 2017
Silk replaces outgoing NSW District Court judge
A barrister has been named as the next appointment to the NSW District Court, following the retireme...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...