2013 Volume 18 Issue 1
Articles
The Constitution and Commonwealth proposals for new media regulation
Paul Kildea and George William
Abstract
This article examines the capacity of the federal Parliament under the Australian Constitution to introduce new forms of media regulation in Australia, especially for print and online media. This question is examined in light of recent proposals for reform put forward by the Finkelstein Inquiry and Convergence Review.
This article examines the capacity of the federal Parliament under the Australian Constitution to introduce new forms of media regulation in Australia, especially for print and online media. This question is examined in light of recent proposals for reform put forward by the Finkelstein Inquiry and Convergence Review.
The scope of immunity from seizure and suit for cultural objects on loan in Australia
Craig Forrest
Abstract
The pursuit of cultural objects stolen from public and private owners has increased dramatically in recent years. Requests for the return or repatriation of cultural objects looted by the Nazis, removed by colonial and trust powers, or illicitly excavated and exported from archaeologically rich states have come home to public cultural heritage agencies, including museums, libraries, archives and galleries.The risk of loaned items being subject to seizure or suit has, it is argued, undermined the significant cultural advantages of exchanges and loan arrangements, and prompted the federal government to consider the adoption of immunity from seizure and suit legislation. This article considers the possible scope of such an immunity from seizure and suit statute, including the possibility of it being applied to seizures arising from criminal investigations, particularly the proceeds of crime.
The pursuit of cultural objects stolen from public and private owners has increased dramatically in recent years. Requests for the return or repatriation of cultural objects looted by the Nazis, removed by colonial and trust powers, or illicitly excavated and exported from archaeologically rich states have come home to public cultural heritage agencies, including museums, libraries, archives and galleries.The risk of loaned items being subject to seizure or suit has, it is argued, undermined the significant cultural advantages of exchanges and loan arrangements, and prompted the federal government to consider the adoption of immunity from seizure and suit legislation. This article considers the possible scope of such an immunity from seizure and suit statute, including the possibility of it being applied to seizures arising from criminal investigations, particularly the proceeds of crime.
Rights in words: protecting traditional cultural linguistic expressions in the Australian trade mark system
Sarah Castles
Abstract
In light of its purpose to grant rights in words as well as signs, this paper argues that trade mark law can be expanded to protect the linguistic traditional cultural expressions (TCEs) of Australian Indigenous communities. Following an exploration of the power of language to communicate cultural identity, it is asserted that linguistic expressions deserve unique protection, and that protection afforded under international law and Australia’s trade mark system is currently inadequate. This article argues that the expansion of trade marks from commercial to cultural expressions signals scope for the protection of TCEs in a new category of rights enshrined in the Trade Marks Act 1995 (Cth).
In light of its purpose to grant rights in words as well as signs, this paper argues that trade mark law can be expanded to protect the linguistic traditional cultural expressions (TCEs) of Australian Indigenous communities. Following an exploration of the power of language to communicate cultural identity, it is asserted that linguistic expressions deserve unique protection, and that protection afforded under international law and Australia’s trade mark system is currently inadequate. This article argues that the expansion of trade marks from commercial to cultural expressions signals scope for the protection of TCEs in a new category of rights enshrined in the Trade Marks Act 1995 (Cth).
Book Review
Copyright and the challenge of the new by
Brad Sherman and Leanne Wiseman (eds)