How fair are the existing defenses to copyright infringement in Australian law? While, in balancing the competing public interests of protecting private property rights on the one hand, versus freedom of expression (or at least the widespread dissemination of knowledge and ideas). So, on the other, how balanced are the present legislative settings in furthering these typically divergent policy objectives?
Question 3:
3. How fair are the existing defenses to copyright infringement in Australian law? While, in balancing the competing public interests of protecting private property rights on the one hand, versus freedom of expression (or at least the widespread dissemination of knowledge and ideas). So, on the other, how balanced are the present legislative settings in furthering these typically divergent policy objectives?
Therefore, in giving your answer, discuss the full range of copyright defenses under Australian law, your understanding of the comparative concepts of ‘fair use’ versus ‘fair dealing’. Besides, what the notion of infringement of copyright encompasses.
Protecting private property
The Fifth Amendment of the United States Constitution is applicable to the states through the Fourteenth Amendment. The Takings Clause of the Fifth Amendment states, “Nor shall private property be taken for public use, without just compensation.” Protection of private property rights embodies an essential part of our constitutional form of government.
Protecting private property
Additionally, The U.S. Supreme Court has addressed the issue of the Takings Clause of the Fifth Amendment of the U.S. Constitution through several court cases by proclaiming a two-part test. Also, the test’s first prong is when a court must determine whether a governmental regulation substantially advances a legitimate state interest.
Use Textbook: Reynolds, R, Stoianoff, N, Roy, A 2015, Intellectual Property Text and Essential Cases, 5th edn, The Federation Press, Sydney. ISBN: 9781862879867
And one other Australian Source
*** Use AGLC Referencing Please ***
