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25 Bond L. Rev. 98 (2013)
From Vault to Honesty Box: Australian Authors and the Changing Face of Copyright

handle is hein.journals/bondlr25 and id is 108 raw text is: 
Cantatore: From vault to honesty box


   FROM VAULT TO HONESTY BOX: AUSTRALIAN AUTHORS
             AND THE CHANGING FACE OF COPYRIGHT


                              FRANCINA CANTATORE*


                                      ABSTRACT

        Copyright in written work is facing unprecedented challenges in the digital era. The
        changing face of copyright requires a re-evaluation of the existing norms and theories
        of copyright as an inanimate phenomenon that is reliant on humans for its
        adaptations. This article examines authors' responses to these developments in the
        context of the philosophical theories underpinning copyright law, current Australian
        legislative and judicial considerations, and the impact of e-publishing on traditional
        perceptions of copyright protection. In particular, the article incorporates findings
        from a research study conducted with Australian authors on their perceptions of the
        value and meaning of copyright and how these viewpoints affect their creative practice,
        as well as their ability to deal with digital copyright challenges and publishing
        opportunities. In taking cognisance of these research results and considering the
        concurrent evolution of digital copyright models, this article proposes that there is a
        need to address the tension exhibited between the utilitarian approach, characteristic of
        Australian copyright law, and the natural rights views of authors, to create a
        sustainable balance.


                                I INTRODUCTION

The concept of copyright in written work is facing unprecedented challenges in the
digital era. Whilst copyright has historically adapted to the changing demands of
technology in a reactive rather than proactive manner, it is apparent that authors can
no longer rely on traditional expectations of 'copyright protection' and 'reward' for
their creative efforts. The changing face of copyright requires a re-evaluation of the
existing norms and theories of copyright, and a concerted effort by authors of written
work to adapt to the changing publishing environment and refocus their attention on
emerging issues.

Whereas copyright in written work was previously relevant to the printed word, and
regulated within the relative constraints of Australian copyright law, digital
publishing has expanded copyright borders into global territory, with increasingly
complex licensing agreements regulating its use. These developments have caused
publishing options to flourish but have contemporaneously created new challenges

Senior Teaching Fellow, Bond University, PhD LLB(Hons) BA MA GDLP.


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