Core legal issues in opening up and
locking up content
In this session intellectual property lawyers Anne Flahvin
and Ross McLean will explore core legal issues which impact
on the way in which intellectual property can be used. These
will include:
- who actually owns valuable intellectual property - academic
institution? academic? third party commercial collaborator?
As recent litigation between a Victorian university and
its academics illustrates, these questions are best considered
before a dispute arises;
- is contract law overtaking copyright
as a means of "locking
up" IP?
- What is the status of the Copyright Law Review Committee
(CLRC) Copyright and Contract inquiry?
- what is the "public domain". How does copyright
material enter the public domain, and what has been the
impact of the Aus/US Free Trade Agreement on public domain
works?
Anne Flahvin
Senior Associate, Baker & McKenzie
Link to materials
Anne Flahvin has handled several major copyright disputes
before the Australian Courts. She has advised clients on
copyright,
and in particular copyright issues arising from digital technology
and digital amendments to copyright law. Anne's practice
also includes defamation litigation, and pre-publication
advice for a range of media and publishing clients, including
the Australian Broadcasting Corporation.
Prior to her legal career, Anne was a journalist, working
on the Australian Financial Review, the Sydney Morning Herald
and the National Times covering politics and
finance. Anne has also had an academic career and continues to lecture regularly
on copyright and media law. Anne is a member of the Copyright Society of Australia
and is a Research Associate & Management Committee member of the Baker & McKenzie
Cyberspace Law and Policy Centre.
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Ross McLean
Partner, Baker & McKenzie
Ross McLean joined Baker & McKenzie
in 1986 and became a partner in 1991. He advises major brand
owners, universities and
manufacturers on contract and intellectual property protection
issues, supply and procurement matters, technology licences,
joint ventures and collaborations, and in trade practices
law. He
co-ordinates the firm's pro bono work for Musica Viva Australia
and the Benevolent Society and has been prominently
involved in law reform in both the trade mark and copyright
areas.
Ross has specific experience in advising universities
on the development of online course materials and their commercialization
in Australia and overseas. He has also advised several
universities on the protection and exploitation of copyright
in course
materials, staff claims to own or exploit, the
impact of staff transfers to other universities, and the
creation of works through collaboration with other institutions.
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Chair: Professor Jill McKeough,
UNSW Law Faculty
Jill McKeough is a Professor in the Faculty of
Law, University of New South Wales. Jill was a member of
the Ergas Committee
(Intellectual Property Competition Review Committee) which
reported to the Federal Government at the end of September
2000 and has published several books in the intellectual
property and consumer protection areas and various articles
on intellectual property matters. Within UNSW Jill McKeough
has previously been Head of School (Law), Associate Dean
for Undergraduate Students and Associate Dean (Postgraduate
Coursework) and in 2004 was elected to the University of
New South Wales Council. She has recently chaired a committee
re-writing the UNSW IP Policy and also conducted a review
of the role of Head of School and development of leadership
within UNSW.
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