Journal articles on the topic 'IPR infringemet'

This study is conducted to examine the perception and awareness of intellectual property rights (IPR) among university students. A survey was conducted to illicit information about IPR from two private universities’ students in Malaysia. It was discovered that university students perceived plagiarism and piracy as infringement of IPR. Therefore, provision of adequate information, active participation of government bodies and university’s authorities, as well as IPR awareness activities are three factors that will encourage IPR awareness among these university students.

The emergence of the Internet has changed the ways in which we create, distribute, access, and use information. The Internet provides manifold opportunities for users, operators, businesses, and the public at large for speedy, cheap, and global dissemination of information, knowledge, research, and entertainment. At the same time, it also poses complex conceptual and empirical challenges for intellectual property and related rights. Works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on it by the companies for advertising and marketing goods and services. In the field of copyright, a number of works of literature, film and art, and notably computer programs, have been transferred over the Internet. The patent system has also migrated onto the Internet. It is now popular for companies to patent their online business methods. In the Internet Sphere, the infringer can easily misdirect consumers to its website by using another’s trademark as a meta-tag, and it is also easy to copy and distribute other’s copyright materials unlawfully. Due to global nature of the Internet, an Internet IP infringement usually happens not only within one country but also across borders. All of these have raised many difficulties for the protection of IPRs in Internet sphere. Therefore everyone has been dubious of what the actual laws concerning Intellectual Property rights are in relation to Internet sphere. Today the Internet explosion has made the question of how to enforce IP law on a global scale as an imperative issue. In this Article, the author tries to accentuate the existing as well as changing IPR challenges brought about by the Internet and project what issues a national legislature should consider to meet the demands of the digital revolution. The core object of this study is to scrutinize the compelling factors behind the Intellectual Property Rights Infringements through the Internet and investigate the existing Legal Responses in International, Regional and Local levels. However, the findings demonstrate that mass-awareness, consensus and mutual co-operation among the developed and developing countries, proper enforcement of the existing laws as well as bringing amendments to some areas of Law can be cited as a potential solution.

As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.

In recent years, a number of studies have considered the impact of IPRs on software piracy, specifically TRIPS and more recently U.S. USTR 301 reporting, pursuant to the Trade Act. The work of Shadlen (2005) supports the assertion that a number of recent IPR reforms directly influence rates of copyright infringement. Shadlen (2005) is a significant study into the impact of the IPRs such as TRIPS, Out of Cycle reviews and USTR 301 reporting on software piracy. The study identified a number of key IPR reforms and sought to determine the impact of IPR reform differentials on observed piracy rates. The current study extends upon Shadlen (2005), comparing the pooled panel model framework to an alternative model of prediction, a backward propagation, multilayer perceptron network model. The analysis conducted herein focuses specifically on ASEAN member countries. The study employs the Garson (1991) and Goh (1995) methods of independent variable analysis to offer further insight into relative importance of the IPR reform variables.

In the era of technology, the Chinese government wants to adopt the latest technologies and interlink their processes to secure information of all stakeholders. Digital rights management (DRM) is one form of computerized system of copyright to protect access and stop infringement of digital contents for commercial purposes. For this article, the authors used a secondary literature review approach to first explore the development of intellectual property rights (IPR) in China and then they moved further to highlight the challenges and opportunities of DRM application and its use. The article concludes that China, as an emerging knowledge based economy, is trying to become a part of international laws and treaties. For this they should abide with international laws, treaties and also amend and enforce their own local laws, acts, rules and regulations based on IPR by adopting the latest technology such as DRM. Finally, the authors provided recommendations to offset the challenges together with existing opportunities.

Abstract In running a business, every producer who has a work must be appreciated for his work. The form of appreciation can be done by registering his work to get intellectual property rights so that it can be protected by law. Intellectual Property Rights (IPR) are exclusive rights granted by a law or regulation to a person or group of people for their copyrighted works. In Indonesia IPR has not been implemented properly due to lack of socialization from the government and lack of concern from the community. This encourages the Indonesian government to be more concerned about copyright infringement. Along with the implementation process, it is undeniable that there are still many individuals who do not comply and use a work for commercial purposes. The research method used is the juridical-normative research method. For example, on January 13, 2020, Ruben Samuel Onsu sued I Am Geprek Bensu belonging to PT. Benny Sujono or abbreviated as I Am Geprek Bensu with a trademark abuse lawsuit. There is a need for government supervision of the use of other people's copyrighted works, good coordination between the government and the community so as to minimize the opportunity to commit fraud against a work. Based on the results of the study of cases that occurred, that victims of IPR violations are protected by law based on a first to file system. Keywords : Intellectual Property Rights, Legal Protection, Intellectual Property Rights Violation Victims

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era.

China has achieved an “economic miracle” with 40 years of continual high-speed growth and the simultaneous realization of global innovation prowess. In this study, a large panel dataset from 1985 to 2017 was used in an effort to explore how innovation (at the enterprise level), the flying geese model (at the global and national level), and intellectual property rights (IPR) protection (at the governmental level) have facilitated China’s sustainable economic development (SED). We employed ridge regression to compensate for the obvious multicollinearity among independent variables. For control purposes, we included multiple variables, namely, population, the labor force, the exchange rate, human capital, and research and development (R&D) expenditures. The results show that all three factors have significant explanatory power for China’s SED. First, either Total domestic patent applications or Total domestic patent grants by Chinese enterprises have overtaken those by their foreign counterparts and become a powerful engine for China’s SED. However, we understand that patent applications as a measure of innovation could overestimate China’s innovation capability more than patent grants. Second, the flying geese model can explain not only China’s SED but also China’s innovation diffusion at the global and national levels. From 1985 to 1992, China’s industrialization and innovation were mainly driven endogenously; from 1993 to 2008, they were simultaneously driven exogenously and endogenously. Since 2009, they have gradually become predominantly endogenously driven. Third, China’s IPR protection has grown increasingly tighter at the governmental level, which has further facilitated China’s SED. About 98.5% (annually) of patent infringement disputes through the administrative protection system could be closed promptly between 2014 and 2017. Additionally, the proportion of infringed patent rights holders from foreign countries has been declining in recent years. The results significantly enrich the extant theories, and the analysis also has several key implications for actions that should be taken to maintain China’s sustainable economic growth; specifically, China should (1) keep its opening-up policy so as to continually expand exports and attract foreign direct investment (FDI); (2) encourage innovation activities from domestic enterprises since they have been the stimulus of China’s SED; (3) improve its IPR protection system, particularly its judicial protection system, so as to form a virtuous circle of innovation in China.

In situ Raman spectroscopy was used at temperatures in the 50–480 °C range under oxidizing (20% O2/He) and reducing (5% H2/He) flowing gas atmospheres to compare the spectra obtained for a series of industrial rare earth doped CexZr1−xO2−δ oxygen storage capacity (OSC) mixed metal oxide materials of identical at % composition, which were prepared by the same chemical synthesis route, in which one synthesis parameter of the aqueous chemistry was slightly varied. The Raman fingerprint of the anionic sublattice is very sensitive to O atom relocations within the bulk of the material matrix and to the pertinent defect topology in each case. A protocol of sequential Raman measurements and analysis was proposed to discern subtle differences between the oxygen vacancy and defect topologies of the examined materials. It can be concluded that for two materials under comparison for their structures, identical Raman spectra are obtained only if the procedures followed for their preparation are identical; a slight variation of one single parameter (e.g., in the aqueous chemistry stage) results in discernible differences in the Raman spectra. The proposed procedure can serve as a tool for proving or disproving infringement of IPR (Intellectual Property Rights) protected preparation methods of ceria-based mixed metal oxide materials.

AbstractBy conducting field research and analysing judgments delivered in Beijing courts from 2004 to 2011, we find that the popular notion held by China's trade partners of the inadequacy of intellectual property protection is only partly supported by the empirical evidence. The likelihood of winning lawsuits is higher for foreign than domestic plaintiffs and the extremely low damages ruled by Chinese courts are due to particular causes. Courts lack consistent methods to calculate incurred losses in intellectual property right (IPR) infringements and consequently routinely apply the statutory damages whose upper limit is restricted by legislation. Efforts by Chinese legislators to enhance compensation by lifting the upper limit of awardable statutory damages in the Third Amendment of Chinese Patent Law (2008) did not seem to have an effect on our sample. Chinese policymakers should instead focus on the cause of the issue by providing more implementable guidelines for courts to calculate losses. Courts need to develop applicable conventions for calculating damages, based on objective criteria of how much compensation ought to be payable, which is also the basis of calculating reasonable statutory damages. Thus, the new provision of the “right of information” on pirated goods proposed by the ongoing Fourth Amendment provides a significant weapon to combat counterfeiting.

ABSTRACT In the past two decades, art and technology have increasingly become inseparable. Technology, in this case the internet, has produced a new era known as the digital era followed by the emergence of many problems, one of which is in the field of copyright. There are many cases of copyright infringement committed by art creators and the public both consciously and unconsciously due to lack of knowledge about copyright. Moreover, all the required information, now, is available on the Internet. This condition gives a big opportunity to plagiarize an art work. Through literature studies, this study focuses on the perspective of the limitations and exceptions of arts work copyright in the digital age and explains the concepts of regulation and protection. The results of this study will be very useful in developing the course content of Etika Profesi (Professional Ethics) and HAKI (IPR) in Visual Communication Design Study Program, the Faculty of Fine Arts and Design. Keywords: Copyright, Artworks, Digital Era ABSTRAK Dalam dua dekade terakhir, seni dan teknologi semakin tidak bisa dipisahkan. Teknologi dalam hal ini internet telah melahirkan suatu era baru yang dikenal dengan era digital yang diikuti oleh munculnya banyak permasalahan, salah satunya di bidang hak cipta. Banyak kasus-kasus pelanggaran hak cipta yang dilakukan oleh kreator seni maupun masyarakat pada umumnya baik disadari maupun tidak disadari karena minimnya pengetahuan tentang hak cipta, terlebih saat ini semua informasi yang dibutuhkan sudah tersedia di Internet. Kondisi ini memberi peluang yang sangat besar untuk melakukan penjiplakan terhadap sebuah karya seni. Melalui studi pustaka, kajian ini fokus pada perspektif pembatasan dan pengecualian hak cipta karya seni di era digital serta memaparkan konsep pengaturan serta perlindungannya. Hasil penelitian ini akan sangat bermanfaat dalam mengembangkan konten mata kuliah Etika Profesi dan HAKI di Program Studi Desain Komunikasi Visual, Fakultas Seni Rupa dan Desain. Kata Kunci : Hak Cipta, Karya Seni, Era Digital

Advocacy is an important concept in nursing practice; it is frequently used to describe th nurse-client relationship. The term advocacy, however, is subject to ambiguity of interpretation. Such ambiguity was evidenced recently in criticisms levelled at the nursing profession by hospital ethicist Ellen Bernal. She reproached nursing for using 'patient rights advocate' as a viable role for nurses. We maintain that, for nursing, patient advocacy may encompass, but is not limited to, patient rights advocacy. Patient advocacy is not merely the defence of infringements of patient rights. Advocacy for nursing stems from a philosophy of nursing in which nursing practice is the support of an individual to promote his or her own well-being, as understood by that individual. It is an ethic of practice. La défense des malades joue un grand rôle dans la pratique des infirmiers/ères. Le terme est souvent utilisé pour définir les rapports entre malades et soignants. Le mot 'defénse' pourtant, peut être mal compris. Une ambiguïté était évidente récemment dans la critique de la profession infirmière faite par la philosophe éthique Ellen Bernal. Elle reproche à la profession d'utiliser le terme 'avocat des droits des malades' pour désigner le rôle primordial des infirmiers/ères. Nous croyons que pour les soignants, la défense des malades peut comprendre le rôle 'd'avocat des droits des malades' mais elle ne s'y borne pas. La défense n'est pas limitée à la défense des infractions des droits des malades. La défense dans la profession infirmière est basée sur une philosophie où la pratique infirmière est le soutien des malades dans leur quête de promouvoir leur propre bien-être. Die Fürsprache spielt eine wichtige Rolle in der Krankenpflege. Sie wird oft als kennzeichnend für die Beziehung zwischen Patient und Pflegepersonal beschrieben. Der Ausdruck 'Fürsprache' kann aber auch mehrdeutig interpretiert werden. Das wurde letzthin in der Kritik der Ethikerin Ellen Bernal an der Krankenpflege sichtbar. Sie machte den Pflegenden den Vorwurf, dass sie sich die Rolle des 'Rechts-Advokat des Patienten' aneignen. Wir sind der Meinung, dass es die Aufgabe des Pflegepersonals ist, auch die Rechte der Patienten zu vertreten, aber dass das nur ein Teil der Fürsprache ist. Sie ist nicht nur Verteidignung von verletzten Patientenrechten. Die Fürsprache in der Krankenpflege stammt von einer Philosophie, deren Ausübung die Unterstützung der Patienten für ihr Wohlergehen zum Ziel hat, so wie die Patienten selbst ihr Wohlergehen verstehen. Sie ist eine Ethik der Tat.

Students as an intellectual group should be able to be pattern for the younger generation, for example to behave honestly and responsibly. In the making of writing products, students must have an honest attitude in making writing products. To create student's honest behavior cannot be separated from the role of the institution to form a culture of honest behavior by not doing plagiarism against the work of others. This is the reason of the author to make a study with the title Students Awareness on the Regulation of Intelectual Patent Rights on Their Writting Products (A Case Study on the Students of State Polytechnic of Madiun)Based on the principal issues stated above, the purpose of this legal research are:To know whether or not the students of State Polytechnic of Madiun have an awareness on the regulation of Intelectual Patent Rights On Scientific WritingTo determine what factors influence the level of regulation awareness of students State Polytechnic of Madiun to Copyright on Scientific WritingResearch method used in this research is empirical sociological approach method that have intention to observe how is the reaction and interaction happened when system norm (law) work in the society that is to know whether the students of State Polytechnic of Madiun already have an awareness of law to the Intellectual Patent Right of Scientific Writing and to know what factors may give influence to their level of law awareness of copyright on Scientific WritingBased on the above discussion about students 'legal awareness of intellectual property rights of copyrights on paper case study of Polytechnic State student of Madiun, it can be concluded that the students' legal awareness of copyright rights of writing is still low, indicated by the number of students who know about knowledge IPR / Copyright is still small. The copyright infringement is still committed, i.e., taking photocopies of ordinary and reasonable regardless of the sanctions or rules, then in the case of quoting other people's scientific papers or books, the awareness to include the source of the quotation is still low.Regarding the factors behind the level of law awareness of the students of State Polytechnic of Madiun on the copyright of the paper, the first factor of knowledge and understanding of law, as a whole the students have a low level of knowledge and legal understanding, can be seen from the two aspects contained in it that is about knowledge rules or laws governing and their aims and objectives. Many respondents who only know one of them, know the rules governing, but do not know the purpose of the rule, vice versa. The second concerning legal attitude and legal behavior, most of the students' legal attitude is good, but still many are not good, due to cultural habit factor in the environment and influenced by friends around.

Building Information Modelling (BIM) is an emerging technology that provides a platform for a comprehensive digital representation of a facility to be created by integrating data from design conception until demolition. In seeking the optimum use of BIM, a large degree of cooperation and collaboration among multi-disciplinary contributors are required for the digital data exchange and sharing process to be deployed. This situation, however, brings up new issues in delineating liabilities and limitations of contributors as the demarcation line of each contributor becomes unclear. In Malaysia, there is no known BIM-enabled standard form of contract that preserves the intellectual property rights (IPR) of the BIM projects’ contributors. Therefore, the present study attempts to investigate the issues pertaining to IPR in the context of BIM adoption in the construction project. Qualitative methodology involving literature review, analysis of existing IPR provisions and semi-structured interviews with the experts were conducted. The research identified two major issues related to IPR in BIM projects: copyright ownership of the BIM model and data infringement. This paper is substantial to deliver knowledge to the construction industry practitioners regarding the legal and contractual considerations in the adoption of BIM.

The existence of overlapping laws and regulations in the Intellectual Property Rights (IPR) sector creates conflicts in their implementation. For example, the obligation to mediate as a condition for carrying out criminal charges for copyright infringement is based on Article 95 paragraph (4) of Law Number 28 of 2014 concerning Copyright. Mediation provisions in Law Number 30 of 1999 concerning Arbitration are a way of settling civil disputes outside the court to settle by deliberation and consensus with the help of a mediator. Meanwhile, mediation based on Perma Number 1 of 2008 is intended as an obligation for judges at the first level court in the District Court and Religious Courts in the context of resolving civil disputes. Settlement of copyright disputes is the authority of the Commercial Court, as a special court within the general court environment. However, the Commercial Court does not apply the obligation of mediation. The study results indicate that the simplification of legislation in the intellectual property sector will result in quality, simple, orderly legislation that will also increase investment, create employment opportunities, reduce the burden on society and the efficiency of the state budget.Keywords: Simplification; Copyright; Criminal Act Settlement

332Human rights — Right to life — Right to life with dignity — Conditions in society threatening those rights — Environmental pollution — Right to freedom from arbitrary or unlawful interference with privacy, family or home — Whether States Parties obliged to adopt positive measures to ensure effective exercise of this right — Whether degradation of environment constituting violations of private and family life and the home — Right to an effective remedy — Admissibility of authors’ complaint — Article 5(2)(a) and (b) of Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Whether same matter being examined under another international procedure — Whether failure to exhaust domestic remedies — Whether Paraguay violating its obligations under Articles 6, 7 and 17, read alone and in conjunction with Article 2(3), of CovenantEnvironment — Pollution — Environmental rights — Recognition — Crop fumigation with agrochemicals — Infringement of domestic environmental laws — Impact on people’s lives — International tribunals recognizing link between environment and human rights — Whether environmental degradation adversely affecting enjoyment of right to life — Whether environmental degradation constituting violations of private and family life and the home — Whether effective investigation into environmental pollutionDamages — Reparation — Adequate compensation — Effective and thorough investigation — Criminal and administrative penalties — Harm caused by environmental pollution — Obligation on State to provide authors of complaint with effective remedy — Article 2(3)(a) of Covenant — United Nations Human Rights Committee

Along with all the other baggage the British brought with them to Port Jackson in 1788 were laws of ownership that were totally foreign to the original inhabitants. The particular law I'll consider here is that of copyright. The result of a few hundred years of evolution, moulded by the common law and acts of Parliament, copyright protects the intellectual property of writers and artists (Saunders). It has three requirements: originality, material form and identifiable author. However, superimposed on the creative practices of the original inhabitants of Australia, copyright has proved a dismal failure. Its inability to continue its evolution means that it does not serve Indigenous Australians, whose creative practices do not fit neatly within its confines. The notions of 'rights' or 'ownership' inherent in current copyright law do not reflect, and are therefore unable to protect, Indigenous intellectual property. The limits of protection are summed up by Janke et al: '[c]ommercial interests are protected … rather than interests pertaining to cultural integrity … [r]ights are valid for a limited period … whereas under Indigenous laws, they exist in perpetuity. Individual notions of ownership are recognised, rather than the Indigenous concept of communal ownership' (Janke 1997). Practical effects of these limitations are the loss of copyright of stories written down or electronically recorded by outsiders, and the absence of special consideration for, or protection of, secret or sacred material (Janke 1997). Mansell notes that Aboriginal intellectual property rights are poorly protected by current laws be they copyright, patent, plant breeders, design laws or trademarks where 'the creative customs and practices of Aborigines' are different to those of whites, who 'emphasise the individual and provide the mechanisms for the commercialisation of an individual's activity. The traditional base of Aboriginal art forms was not created with this in mind' (Mansell 196). Indigenous cultures have their own systems for the protection of intellectual property which are predicated not on the protection of commercial advantage but on the meaning and cultural integrity of the work of art (Janke 1996 15; 1998a 4). Some of these so-called works of art are, in fact, 'law bearers'; these 'Indigenous traditional cultural productions are … legal titles to clan land' (Morris 6). Ignoring this meaning of cultural productions is a little like your bank manager framing your mortgage document or rental agreement for its aesthetic qualities, and evicting you from your house. While copyright law does acknowledge legally-defined entities like corporations or government departments as copyright holders, it is too limited in its definitions to recognise the complex familial relationships and reciprocal responsibilities of Aboriginal society. Under Indigenous laws 'individuals are differentiated in their awareness of elements of the local culture and in the way they make use of those elements depending on such things as their sex, their moiety or skin group, and their initiatory status' (Johnson 10). Given the complex nature of Indigenous attitudes to rights in and ownership of intellectual property, those concerned with questions of fairness in the administration of copyright law must take a new perspective. While copyright law appears, in the main, to have been unable to deal with a system of law which pre-dates it by thousands of years, there have recently been some tentative steps towards a recognition of Indigenous concerns. Golvan, acknowledging that much work needs to be done 'to ensure that the legal system is meaningful to Aboriginal people', sees some aspects of the judgement in the Carpets Case1 which 'show a strong determination to seek to unite Western copyright principles with the need to deal with issues of indigenous cultural harm' (Golvan 10). And, in Foster v Mountford 1976 (discussed below), Justice Muirhead noted that 'revelation of the secrets [contained in the offending book] … may undermine the social and religious stability of [the] hard-pressed community' (quoted in McDonald 24). These examples show some willingness on the part of the courts to take into account matters which fall outside of common law. While there has as yet been very little litigation regarding copyright ownership of written works, there is no reason to assume that this situation will continue. The first case of infringement of Aboriginal copyright to surface in the media occurred in 1966, when David Malangi's painting 'The Hunter' was adapted without permission as part of the design for the new one-dollar note (Johnson 13). Ten years later, the Pitjantjatjara Council was involved in litigation with Dr Mountford, 'an anthropologist who had been given information by the Pitjantjatjara people … in 1940 … about tribal sites and objects, communal legends, secrets, paintings, engravings, drawings and totemic geography' (McDonald 23). Interestingly, this particular case relied not on copyright law but on a breach of confidence as 'the material … was not protected by copyright, being material in which copyright either did not subsist, or in which copyright had expired' (23). This is a good example of the lack of protection afforded by copyright law to intellectual property of religious and spiritual significance.2 At first glance, the implications of the 1992 Mabo land rights case for publishing in Australia today might seem remote. However, some of the implications of this historic case hold the potential for a new approach to intellectual property rights which may actually serve the interests of Indigenous artists and writers. The importance to intellectual property rights of the Mabo decision lies in the fact that 'the Court held that … local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' 3 (McDonald 26). This meant that not only the myth of terra nullius was repudiated, but with it any notion that Australia was 'either a wild and lawless place or a legal blank slate. Indigenous customary law … was thereby given both recognition and validity' (26). Gray goes further than this, and states in relation to native title and Aboriginal art: 'the two in fact are quite inseparable if not exactly the same' (Gray 12). This statement strongly emphasises Morris' concerns expressed above, regarding the diminution of authority of 'cultural productions' when they are perceived as merely artistic objects. Pearson, in discussing Mabo, talks of native title as the 'recognition space' 4 between common law and Aboriginal law (Pearson 154). He points out that Aboriginal law exists, is practised is in fact a 'social reality', and adds that 'it is fictitious to assume that Aboriginal law is extinguished where the common law is unable to recognise that law' 5 (155). Recently the Australian Society of Authors (Heiss) prepared two discussion papers and a checklist for non-Indigenous writers who want to write about Indigenous culture. One of the papers, 'Australian Copyright vs Indigenous Intellectual and Cultural Property Rights', reiterates the point that the Copyright Act 1968 'as it stands is unsuited to protecting Indigenous culture'. It briefly discusses the desirability of the sharing of copyright between the Indigenous storyteller or informant and their non-Indigenous collaborator an issue I will examine in greater depth in my thesis on cross-cultural editing. A problematic practice, shared copyright deals with 'ownership' in a way that satisfies white or western conceptions but may compromise the Indigenous sense of (Indigenous) communal title to the work. The importance of effective copyright law for Indigenous Australians goes beyond the earning of royalties or the commercial 'ownership' of creative work: it refers to the protection of their cultural heritage (Heiss). One solution suggested by Janke is an amendment to 'the Copyright Act to provide moral rights (rights of attribution, no false attribution and cultural integrity)' (in Heiss). Another possible, though longer term solution, may lie in the way common law itself develops. It has evolved over time, albeit slowly, to suit the needs of the particular environment economic, technological, cultural or other in which it has to operate. As Ginsberg remarks in the context of the introduction of moral rights law to two common law countries, the US and Australia, regarding the gradual adoption of moral rights: 'a Common Law approach to moral rights … slowly builds up to the general principle from gritty examples worked out fact-by-fact. This accretion method is familiar to both our countries' legal approaches' (Ginsberg 34). This same accretion method could be used to change copyright law so that it more adequately protects Indigenous intellectual property. Whatever solution is reached, at present the copyright laws are colour-blind when presented with the complex and alien nature of Indigenous cultural practice. In the interests of reconciliation, natural justice and the integrity of Indigenous culture, reform cannot come too soon. NOTES 1. Milpurrurru v Indofurn Pty Ltd, 1995; an Australian company copied and adapted various Indigenous works of art and had them woven into carpets in Vietnam, and imported into Australia. Permission to use the designs was never sought. An award of almost $200,000 was made to the 8 artists involved, and the offending carpets were withdrawn from sale. By 1996, Indofurn had been wound up and the director declared bankrupt: the artists have not received a cent. (Janke 1998b 9). 2. Fortunately for the Pitjantjatjara elders, the court held that Mountford's book did constitute a breach of confidence. 3. 'The Court held that the rights of Indigenous inhabitants of a colony are the same as the rights of a conquered nation: local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' (McDonald 26). 4. 'Native title is therefore the space between the two systems, where there is recognition. Native title is, for want of a better formulation the recognition space between the common law and the Aboriginal law which now afforded recognition in particular circumstances' (Pearson 154). 5. However, some cases subsequent to Mabo place limitations upon the recognition of Indigenous traditional law. Justice Mason in Coe v Commonwealth of Australia (1993, at 115) stated that 'Mabo … is at odds with the notion … that [Indigenous Australians] are entitled to any rights and interest other than those created or recognised by the law of the Commonwealth, the [relevant] State… and the common law' (McDonald 2627). References Coe v Commonwealth of Australia (1993) 68 ALJR 110 Ginsberg, J. (1992). Moral Rights in a Common Law System. Moral Rights in a Copyright System. P. Anderson and D. Saunders. Brisbane, Qld: Institute for Cultural Policy Studies, Griffith University. Golvan, C. (1996). 'Aboriginal Art and Copyright.' Culture and Policy 7(3): 512. Gray, S. (1996). 'Black Enough? Urban and non-traditional Aboriginal art and proposed legislative protection for Aboriginal art.' Culture and Policy 7(3): 29-44 Heiss, A. (2001). Australian Copyright vs Indigenous Intellectual and Cultural Property Rights, Australian Society of Authors. < http://www.asauthors.org/resources> Accessed 15.08.01. Janke, T. (1996). 'Protecting Australian indigenous arts and cultural expression.' Culture and Policy 7(3): 1327. Janke, T. (1998a). Editorial. Queensland Community Arts Network News 1: 45. Janke, T. (1998b). Federal Court awards record damages to Aboriginal artists. Queensland Community Arts Network News 1: 89. Janke, T., Frankel, M. & Company, Solicitors (1997). Proposals For The Recognition and Protection of Indigenous Cultural and Intellectual Property, AIATSIS for the Indigenous Cultural and Intellectual Property Project. <http://www.icip.lawnet.com.au/> Accessed 25.4.98. Johnson, V. (1996). Copyrites: Aboriginal art in the age of reproductive technologies. Sydney, NSW: NIAAA & Macquarie University. Mansell, M. (1997). Barricading our last frontier Aboriginal cultural and intellectual propery rights. Our land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 195209. Milpurrurru v Indofurn Pty Ltd (1995) 30 IPR 209. Morris, C. (1998). The Responsibility of Maintaining the Oldest Continuous Culture in the World. Queensland Community Arts Network News 1: 67. Pearson, N. (1997). The Concept of Native Title at Common Law. Our Land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 150162. Saunders, D. (1992). Early Modern Law of Copyright in England: Statutes, courts and book cultures. Authorship and Copyright. D. Saunders. London, Routledge: 3574. Links http://www.icip.lawnet.com.au/ http://www.asauthors.org/resources Citation reference for this article MLA Style McDonnell, Margaret. "The Colour of Copyright" M/C: A Journal of Media and Culture 5.3 (2002). [your date of access] < http://www.media-culture.org.au/0207/copyright.php>. Chicago Style McDonnell, Margaret, "The Colour of Copyright" M/C: A Journal of Media and Culture 5, no. 3 (2002), < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]). APA Style McDonnell, Margaret. (2002) The Colour of Copyright. M/C: A Journal of Media and Culture 5(3). < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]).