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Question 1 1. In the Australian High Court decision of Autodesk Inc v Dyason (No. 1), Dawson J. described the idea/expression dichotomy in copyright law in the following terms: ‘[I]t is true that it...

Question 1 1. In the Australian High Court decision of Autodesk Inc v Dyason (No. 1), Dawson J. described the idea/expression dichotomy in copyright law in the following terms: ‘[I]t is true that it is often difficult to separate an idea from its expression, but it is nevertheless fundamental that copyright protection is given only to the form in which ideas are expressed, not the ideas themselves.’ Discuss this idea/expression distinction, with particular emphasis on the types of ‘expression’ that constitute subject matter capable of copyright under the Copyright Act 1968 (C’th). Why is it ‘fundamental’ that copyright protection is given only to ‘the form in which ideas are expressed’? Question 2 2. ‘Indigenous painter Albert Namatjira is widely regarded as one of [Australia’s] greatest artists – his beautiful watercolour depictions of his country in central Australia stand apart in our artistic heritage. Yet, you may be surprised to learn that since his premature death in 1959, none of Namatjira’s descendants have earned a cent from any reproduction of his work. That’s because the copyright to his estate was sold by the Northern Territory public trustee, reportedly without consultation with the Namatjira family, a deal which has been described as a major cultural injustice.’



Oct 07, 2019
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