Incapacity and contract law
11.4 The assumption underlying any contract is that each party has freely entered into a binding agreement, having assessed whether or not the terms are in their best interests. Some categories of person—including minors and people with impaired mental capacity—have traditionally been regarded by the law as being incapable of looking after their own interests, …
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Read moreFirst publication rule
Recommendation 10–7 Consideration should be given to enacting a ‘first publication rule’, also known as a ‘single publication rule’. This would limit the circumstances in which a person may bring an action in relation to the publication of private information, when that same private information had already been published in the past. 10.97 Once private …
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Read moreIncapacity and contract law
11.3 The assumption underlying any contract is that each party has freely entered into a binding agreement, having assessed whether or not the terms are in their best interests. Some categories of person—including minors and people with impaired mental capacity—have traditionally been regarded by the law as being incapable of looking after their own interests, …
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Read moreConnection and recognition concepts in native title law
42. The phrase ‘connection requirements for the recognition and scope of native title rights and interests’, is a construct of many elements of native title law that are interwoven. Integral to native title is the concept of recognition of Aboriginal and Torres Strait Islander laws and customs by which means connection to land and waters …
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Read moreComplexity of copyright law
3.37 Aligned with principle 4 discussed in Chapter 2, the ALRC considers that one aspect of this Inquiry should be to reduce, where possible, the complexity of the current Copyright Act and, with that, transaction costs for users and rights holders. 3.38 Reform should not add further complications to an already complex statute.[43] Ideally, reform …
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Read morePrinciple 4: Providing rules that are flexible, clear and adaptive
2.54 The Terms of Reference refer to the emergence of ‘new digital technologies’ as relevant in copyright reform. Stakeholders strongly endorsed the principle that copyright law should be responsive to new technologies, platforms and services and be drafted to recognise that the operation of the law is fundamentally affected by technological developments, which allow copyright …
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Read morePrinciple 5: Providing rules consistent with international obligations
2.64 Australia is bound by treaty obligations requiring the protection of copyright, notably under the Berne Convention.[93] There is also a direct link between intellectual property law and international trade obligations—the explicit basis for the TRIPs Agreement.[94] Alongside multilateral harmonisation of copyright law is an emerging environment of bilateral trade agreements[95] and negotiations. The Terms …
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Read moreAn Academic in the World of Law Reform—of Writing and ‘Jousting with Demons’
by Professor Rosalind Croucher, President, Australian Law Reform Commission*, 31 October 2012 at the Sydney Law School 2013 Postgraduate Conference—Stability and Transformation.AbstractThe process of research and writing, of the kind that all research students are engaged in, is akin to jousting with demons. There are other metaphors one might use—gazing at oceans, walking through mud. But they are about …
News/Media Release
Read moreALRC releases Discussion Paper on copyright law reform
The Australian Law Reform Commission (ALRC) today released its Discussion Paper for the copyright inquiry—Copyright and the Digital Economy (ALRC DP 79, 2013) containing 42 proposals regarding reform of the copyright. Under the Terms of Reference for this Inquiry, the ALRC is to consider whether exceptions and statutory licences in the Copyright Act 1968 are …
News/Media Release
Read morePrinciple 5: Providing rules consistent with Australia’s international obligations
2.43 Australia is bound by treaty obligations requiring the protection of copyright, notably under the Berne Convention.[74] There is also a direct link between intellectual property law and international trade obligations—the explicit basis for the TRIPS Agreement. Alongside multilateral harmonisation of copyright law is an emerging environment of bilateral trade agreements[75] and negotiations. The Terms …
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