Guidelines for the 2011 Kirby Cup

Developments in technology, media convergence and the global availability of media content have, in recent months, led to the Australian Government establishing a review into communications convergence, a Senate Committee inquiry into the Australian film and literature classification scheme—including the effectiveness of the scheme in dealing with new technologies and new media—as well as a new Government copyright review into expanding the provisions of the so-called ‘safe harbour’ scheme. During this time there has also been some interesting copyright litigation considering whether an internet service provider had authorised alleged infringements committed by some of its subscribers. The Australian Government Attorney-General recently flagged two separate Inquiries for the ALRC. First, a review of censorship and classification and, secondly, a review of copyright. This year’s Kirby Cup topic feeds into both areas of law.

Competition topic – 2011

Please address the following topic:

It is generally accepted that the internet has had a real impact on a variety of traditional creative industries. The internet provides a medium through which there is great potential for Australian users to infringe copyright in music and films and commit classification offences such as selling or distributing unclassified films and computer games. How should the law respond to these challenges? 

You may choose to address either classification or copyright, or both, in your response. In your response you may like to examine any of the following issues:

• Should the law control or guide the market and business practice?
• Should internet service providers be held responsible for breaches of copyright and classification laws or should the law target the end-users directly?
• What are the ways in which international jurisdictions have approached these problems.

Eligibility

The competition is open to all students currently enrolled in a tertiary law course (including law courses offered by universities and legal practitioner admission boards).

Students may participate in the competition as individuals or as a team of up to four members. Team members may be, but are not required to be, from the same education institution. There is no restriction on the number of teams from an education institution that may enter in the competition.

There is no requirement to register to participate in the Kirby Cup Law Reform Competition.

For the 2011 competition, written papers are due to the ALRC by 26 August 2011.

Entrants do not require the endorsement of their university or campus law students’ association.

Structure of the competition

The competition previously consisted of a written and an oral advocacy component. The competition structure was reviewed in 2010 and now consists of a written component only.

To enter, law students must submit a written paper (between two and four thousand words) that must address an issue, which will be set by the ALRC and published on the ALRC website. The submitted paper shall comply with the following requirements:

• No longer than four thousand words in length;
• Times New Roman font shall be used with a font size of 12 in the text and 8 in the footnotes;
• Spacing shall be 1.5 lines;
• Include contact details for the competition entrant (email and telephone number/s). If the paper has been prepared by more than one student, please supply contact details for each competition entrant.

Judging criteria

In assessing the papers, the competition judges will have regard to:

• substantive argument;
• originality;
• writing style, with an emphasis on clarity of expression and plain English.

Submission of entries

The submissions must be provided in electronic form via e-mail to the Australian Law Reform Commission (ALRC) at kirbycup@alrc.gov.au.

The closing date for submissions is 5.00 pm (Sydney, NSW time) on Friday, 26 August 2011. Late submissions arising from technical malfunction only (for example, a problem with the ALRC e-mail system) may be accepted at the absolute discretion of the ALRC.

Interpretation and application of these guidelines

In any matter requiring interpretation and/or application of these Guidelines, the decision of the ALRC will be final.

Appeals

Appeals about the application of these guidelines, other than appeals about judging decisions, may be made to the ALRC. Decisions in relation to the respective merit of entries will be final. No appeals in relation to judging decisions will be accepted.