Law Notes Foundations of Intellectual Property Notes
These notes set out the relevant legal principles, and provide succinct fact summaries to demonstrate how those legal principles have been applied in various cases.
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LAWS3021 Foundations of IP 2 Moral Rights eb notes 1
Moral Rights 2
A. Right of Attribution: s 193, and s 195ABA 3
B. Right Not to be Falsely Attributed: s 195AC-195AH 6
C. Right of integrity: ss 195AI – 195AL 12
2. Defences 15
(a) Reasonableness : s 195AR-AS 15
For failure to identify author: s 195AR (for performances: s 195AXD) 15
Reasonableness of derogatory treatment of copyright works: s 195AS (for performances: s 195AXE) 17
(b) Consent: s 195AW (film, work included in a film); s 195AWA (work not a film or included in a film, and s 195AXJ (performer’s consent to act or omission) 19
Author’s consent to act or omission—films or works in films: s 195AW (consent invalidated by duress/false statements under s 195AWB) 19
Author’s consent to act or omission—work that is not a film or included in a film: s195AWA (consent invalidated by duress or false statements: s 195AWB) 20
Performer’s consent to act or omission: s 195AXJ (invalidated by duress or false statements: s 195AXK) 21
(c) Specific exceptions for infringement to right of integrity: s 195AT 23
Duration and exercise of moral rights 27
Appendix – notes on origins, rationale and prelim points 29
Intro | Three types of moral rights:
Consider each right individually. These rights last for the duration of a copyright work and cannot be assigned. In particular see s 189 CA for the definition of a moral right as:
Note the definition of author:
performance means a performance within the meaning of PartXIA, so far as the performance consists of sounds performer in a performance: (a) means each person who contributed to the sounds of the performance; and (b) in relation to a performance that occurs outside Australia, does not include a person who is not a qualified person at the time of the performance. Note: See also section191B, which deals with the conductor of a musical performance. work means a literary work, a dramatic work, a musical work, an artistic work or a cinematograph film.
Overview:
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If author of work or film | State law under s 193: Author has right to attribution of authorship under s 193: Under s 193 CA the author of a work (literary, dramatic, artistic or musical work, or a film – according to the definition of relevant definition of work for Part IX in s 189) – has a right of attribution of authorship: s 193(1). This is the right to be identified in accordance with the CA as the author of the work if any attributable acts (defined in s 194) are done in respect of the work.
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These notes set out the relevant legal principles, and provide succinct fact summaries to demonstrate how those legal principles have been applied in various cases.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address.
You can use these to quickly learn a topic before class (...
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