The Federation Press

Copyright Law and Practice

Overview

“This exposition of the Law and Practice of Copyright is aimed primarily at practitioners. … The work is not intended to be exhaustive; rather it is a practical guide to enduring principles which have been adapted by the legislature to contemporary conditions. … Sections in the text on jurisdictional problems arising from trans-national access to information, file swapping and various new methods of piracy, guide the reader through developments. … The author both explains the law as it stands and supports the continuing but measured recalibration of the legislation … As such, this is a most commendable contribution to the current understanding of copyright law in Australia.” - From the Foreword by the Hon Justice Susan Crennan

Leading copyright lawyer Colin Golvan SC explains copyright with great clarity and sophistication. He balances a sharp focus on “practical” matters like preparing a copyright case for trial and the clauses of a publishing agreement (which can be used as precedents) with discussion of key trends such as copyright and the internet, the use of copyright to protect indigenous art and culture, and the corporatisation of copyright.

Reviews

...this publication is sure to be an invaluable addition to any library collection requiring a commanding resource on copyright law. - Australian Law Librarian, Vol 16 No 2, 2008

Colin Golvan’s book is comprehensive and authoritative, and contains a thorough documentation of its sources in case law and statute. Although it is hardly bedside reading, the book is readily understandable to the layperson, and can be recommended as a practical guide to anyone seeking a way in to the complexities of copyright law in Australia. - David Throsby, Australian Book Review

Copyright is rather like poetry in one respect: definitions and true understanding are often nebulous. Anything that demystifies copyright is wholly welcome, and Colin Golvan SC is well equipped to clarify matters. This important new book will be useful for anyone involved in literary or artistic production, as it will be for the legal profession itself. - Peter Rose, Editor, Australian Book Review

[T]his book offers an informed and comprehensive exposition of the law and practice of copyright in Australia. ... [It] follows a simple structure which explores the fundamental concepts of copyright law and practice in chapters. ... It does not attempt to canvass (section to section) the Copyright Act 1968 or go through every copyright case in a chronological fashion. Rather, [it] provides a narrative approach to copyright law in Australia with some discussion of North American and UK case law and relevant references to international instruments (such as the Berne Convention). ... Golvan’s summary of the law is up to date and covers all the digital reform agenda from 2000-2006 and the policy agenda behind them. Practical aspects of copyright management such as court processes, remedies, jurisdiction and publishing contracts are succinctly explored and provide a good foundation of procedural issues for practitioners and students alike. However, it is Golvan’s discourse on contemporary economic and cultural issues, such as the challenges of the internet, and the need for collective and managed responses to copyright ... which makes this book very appealing and a cut above a straight elucidation of the law. This book offers a thought provoking background to the legal and administrative responses to the protection and appropriate use of creative works. ... Language, economic, market and cultural gulfs present many challenges for Aboriginal artists and their communities. Golvan sensitively analyses these issues through the case law and recommends a number of strategies for the future management of Aboriginal copyright interests. - Law Letter (Law Society Journal of Tasmania) , Issue 98 Summer 2007

Copyright Law and Practice is a non-exhaustive guide to copyright law in Australia today. It explores copyright laws, recent trends, how the law has kept up with technology and the balance between protection of and access to copyright works. Aimed primarily at practitioners, the book is a practical guide to enduring principles which have been adapted by the legislature to contemporary conditions. ... The author’s genuine passion for this area of law ... is clear from the text and makes for an enjoyable and enlightening read. - Australian Intellectual Property Law Bulletin, Vol 20 No 6, December 2007

Copyright Law and Practice is written by a leader in the field of copyright law, Colin Golvan SC, and is focused on specific and practical examples of copyright law. It is divided into clear, simple to follow parts, with a natural flow from information about general copyright protection through to infringement and a consideration of the defences to, and possible remedies for, copyright infringement. This book makes you stop and think about how copyright law applies to everyday life. An excellent example of this is Golvan’s practical consideration of the protection of copyright in published works and the fact that copyright does not protect ideas but rather it protects the way the ideas are expressed. ... Copyright Law and Practice commences with a basic review of copyright law before progressing to a more sophisticated look at what may constitute an infringement of copyright. It is written in a contemporary, plain English style, which allows concepts to be easily understood making it a book that can be read from cover to cover with ease. It provides a clear and concise guide to the key elements of copyright law, including ownership, the court process and contracts. It employs a balanced use of current, historical and legislative change to provide an understanding as to the development of the law of copyright. The work contains an account of recent and historical developments not only in Australia, but also in the United States of America, the United Kingdom and Europe. Golvan believes it is important to understand how copyright law is dealt with internationally and to appreciate that there are general concepts in contracts dealing with copyright that are common to many jurisdictions. ... Golvan uses examples of the protection of Indigenous works in copyright law to provide the reader with an understanding of broader cultural issues relevant to copyright law. He uses Indigenous examples to highlight issues such as “whether contemporary copyright provides adequate or appropriate protection for the modern expression of ancient artforms.” [p186] Copyright Law and Practice will serve as an authoritative and stimulating introduction for law students and for non-lawyers with an interest in copyright. It illustrates that this is an important and dynamic area of the law which has seen unprecedented growth due to the advancement of current technologies. Practising lawyers will find it a useful reference guide, whether they specialise in copyright law or in other areas of commercial law but are required from time to time to advise on aspects of copyright law. For law students and practitioners alike, this book provides a lucid account of the leading authorities and the main principles of copyright law. It enables readers to identify, follow and understand concepts through practical examples. This book offers a good and practical understanding of copyright law at both an elementary and professional level. - ART+law, December 2007

Lawyers for whom the law of copyright is something of a closed book will appreciate the style and substance of this handy publication... This reviewer in particular appreciated the simplicity, plain style and uncomplicated analysis of what is a complicated and frustrating area of legal method. Making a recondite topic readily comprehensible to those who do not possess the subtle mind of a Lincoln’s Inn lawyer is no mean achievement. The complete and utter absence of footnotes is to be not only applauded but warmly encouraged. Its brevity is commended. - Victorian Bar News, Spring/Summer 2007

Table of Contents

Copyright: Basis of Protection
Infringement
Defences
Ownership and Transmission
Remedies
Additional Rights and Jurisdiction
Copyright and Court Process
Copyright and Contracts – The Publishing Agreement
Protection of Indigenous Copyright
Significance of Rights Awareness – some cultural and economic issues
Index

Of interest...