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September 29, 2007

Australian Blogging Conference 2007: legal issues

Bloggers are a diverse bunch and thanks to organiser Peter Black the Australian Blogging Conference managed to have something of interest for most people: politics, legal issues, research issues, creativity, citizen journalism, education and corporate and business blogging.

I deal with the business blogging session here. And there’s a note on the politics of blogging here and here. So this note deals with the legal issues and other thoughts on the day

First off, my observation was that they weren’t all techies. I had just read Cory Doctorow’s When Sysadmins Ruled the Earth and was relieved to be with ordinary "authentic" people (see attendee’s list).

I was spoiled for choice but was pleased I attended the Legal Issues session. The theme ended up being "what are the risks related to what you say on your blog, what other people say on your blog and what you link to?". Lead by Professor Brian Fitzgerald and Nic Suzor from QUT and Dale Clapperton from Electronic Frontiers Australia over 2 hours we ranged from copyright to defamation, primary and secondary liability issues, "innocent dissemination", a brief history of internet law, privacy, what we’d like in a blogger’s guide to law and current legal actions.

The bottom line: understand the risks and take strategies to minimise them (and don’t rely on US centric information).

I see that Dale Clapperton has posted a note on "backdoor defamation" issues we didn’t get to properly.

Also noted were Legal Issues for Wikis (pdf) and  Blogs and the Law.

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Posted 29th September 2007 by David Jacobson in Legal, Web/Tech, Weblogs

September 26, 2007

WIPO Internet treaties come into force in Australia

On 26 July 2007, the World Intellectual Property Organisation (WIPO)
Copyright Treaty and the Performances and Phonograms Treaty
came into
force in Australia. The treaties are known as the Internet treaties
and protect copyright in the online environment. There are over 60
other parties to the treaties including the USA, Japan and China.

The coming into force of the treaties means that Australian creators
and performers will enjoy digital-age protection for their creative
output in other treaty‑member countries.

It also means that Australia’s performers will enjoy the right to be
known and respected for their performances in a similar way to authors
and film-makers.  Now that Australia is a party to the WIPO Performance
and Phonograms Treaty, provisions currently set out in Note 2 of the
Copyright Act for performers’ moral rights come into operation as new
Part IX.

A fact sheet outlining moral rights for authors, film-makers and performers is available.

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Posted 26th September 2007 by David Jacobson in Legal

September 24, 2007

Copyright infringement notice scheme guidelines

The Attorney-General’s Department has developed draft guidelines for
the administration of the infringement notice scheme
. These are
intended to assist police officers in the administration of the
scheme. For example, these include a list of factors that police
officers may take into account when deciding whether to issue an
infringement notice, and procedures for the destruction of forfeited
infringing copies.

The introduction of the scheme was designed to deal specifically with
lower-level copyright crime such as first time offenders, street stall
or market operators.

The draft guidelines are open for consideration and comment until 5 October 2007.

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Posted 24th September 2007 by David Jacobson in Legal