The High Court of Australia has agreed with the Full Federal Court’s decision earlier this year that commercial radio stations must pay licence fees in order to stream recorded music on internet simulcasts.
Traditionally music has been sold and distributed in hardcopy formats such as vinyl, tapes and CDs. However today, these formats are almost completely obsolete. The development of the internet together with modern devices such as mp3 players and smart phones has vastly changed the way music is consumed. Music is now streamed, sold and distributed almost entirely online in softcopy format e.g. mp3, WAV, AIFF
Street performers or buskers have existed all over the world since ancient times delivering accessible entertainment to the masses. It is an opportunity for undiscovered talent and the fearless and creative artisans of theatre to strut their stuff for a coin in the hat. However, a hat is not the only consideration for a street performer.
The proposal to introduce a U.S. style ‘fair use’ exception to Australian copyright law produces a stark division between the supporters of an open-ended fair use exception and those of the opinion that the evolution of copyright exceptions in the digital environment should follow that path of narrowly defined fair dealing provisions.
Arts Law is currently in the process of creating a positions paper that considers the law and policy relating to the creation of artistic works in Australian prisons.
There is a lot of excitement around the variety of Indigenous fashion and textile projects that are blossoming around the country. The momentum has been building for a number of years and several of the creative outcomes are being showcased. It seems the time is ripe for Black Fashion in Australia.
The fashion industry is dynamic and unpredictable and provides creatively satisfying work for many designers. However there are countless challenges in such a competitive industry and understanding exclusivity clauses is an important step towards building a successful career as a fashion professional.
Australian artists may have to live with an appropriation culture of mashups, sampling and appropriation of images by other artists if a ‘fair use’ exception to copyright infringement is introduced into the Copyright Act 1968 (Cth).
Arts Law has long been involved in advocating for better protection of traditional cultural expressions. The development of guiding principles to provide appropriate protection for traditional knowledge and traditional cultural expressions – Indigenous Cultural and Intellectual Property (ICIP) – is being considered by the World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Arts Law Executive Director Robyn Ayres will attend the WIPO conference in Geneva, Switzerland in July 2013.
Sculptures enliven public spaces and often become popular destinations and enduring points of reference for locals and tourists alike. Think of the Statue of Liberty, Michelangelo’s David or the J.F. Archibald Memorial Fountain in Hyde Park, Sydney. Many thousands of people have posed for photographs in front of these artistic creations. The recent settlement achieved for a U.S. sculptor for unauthorised use of a photo of his public sculpture engages the debate about the radical differences between Australian and U.S. laws on copyright for sculptures.