Melbourne Law School - Research Publications
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ItemCopyright and cultural institutions: Guidelines for digitization for U.S. libraries, archives, and museums(Cornell University Library, 2009)The development of new digital technologies has led to fundamental changes in the ways that cultural institutions fulfill their public missions of access, preservation, research, and education. Many institutions are developing publicly accessible Web sites that allow users to visit online exhibitions, search collection databases, access images of collection items, and in some cases create their own digital content. Digitization, however, also raises the possibility of copyright infringement. It is imperative that staff in libraries, archives, and museums understand fundamental copyright principles and how institutional procedures can be affected by the law. “Copyright and Cultural Institutions” was written to assist understanding and compliance with copyright law. It addresses the basics of copyright law and the exclusive rights of the copyright owner, the major exemptions used by cultural heritage institutions, and stresses the importance of “risk assessment” when conducting any digitization project. Case studies on digitizing oral histories and student work are also included.
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ItemNo Preview AvailableBlurring the Lines: Market-Driven and Democracy-Driven Freedom of Expression(Nordicom, 2016)This book focuses on challenges from the market to free speech and how free speech can be protected, promoted and developed when lines between journalism and advertising are blurred. With contributions from 20 scholars in law, media studies and philosophy, it explores an issue deserving greater attention, market pressures on freedom of expression. The role of commercial constraints on speech, restrictions and control of media content and the responsibility of state institutions in protecting free speech are some of the topics scrutinized from a democratic free speech perspective.
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ItemDemocracy of Expression: Positive Free Speech and Law(Cambridge University Press, 2021-06)Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
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ItemDefamation, Privacy and Aspects of Reputation(York University, Osgoode Hall Law School, 2018-09-01)Unlike the commonplace statement that defamation law protects reputation, this article suggests that it only protects aspects of reputation. Previously, defamation was often the only avenue of legal protection for reputation worth examining, but now privacy actions also offer an avenue of protection for aspects of reputation in many jurisdictions. In other words, informational privacy law now protects aspects of reputation, as does defamation law. Recognizing this fact leads to the suggestion that exactly what each action—defamation and informational privacy—seeks to protect could be stated more concisely. This exercise, undertaken in this article, draws on classic defamation law analysis by Thomas Gibbons. Restating the law in this way would reform defamation law, clarifying and simplifying how it and privacy law coexist, and could offer a useful path for addressing more technical arguments about the boundaries between the actions or the ways in which they should be reconciled.
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ItemComplicating Freedom: Investigating Positive Free Speech(Hart Publishing, 2020)Freedom of expression is commonly understood as limiting state restrictions on speech. Freedom of speech is a negative liberty; it is freedom from external restraint.
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ItemEmerson, Thomas I. The Affirmative Side of the First 32 Amendment, 15 Georgia L Rev. 795 (1981)(Taylor & Francis (Routledge), 2020-07-28)One of Thomas Emerson’s lasting contributions to understanding free speech is his emphasis on the system of freedom of expression, as his well-known book is titled. Free speech needs broad analysis that pays attention to supports for, as well as limitations of, speech; the freedom encompasses practices, principles and institutions as well as rights; and it is the structures underlying speech that should concern legal scholarship.
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ItemPositive Free Speech: A Democratic Freedom(Oxford University Press, 2021-01-26)This chapter explores the positive structural dimensions of the freedom of speech by using a democratic free speech rationale. While far from the only aspect of positive free speech, it offers a useful example of the freedom’s positive dimensions. The chapter focuses on legal conditions underlying public speech and their links to democratic constitutional arrangements. It outlines the general approach before drawing brief comparisons with two well-known US approaches to free speech and media freedom. The chapter then highlights two of the multiple ways in which ‘positive’ can be used in relation to free speech. Positive may concern positive freedom, the idea that freedom is not only a negative liberty but requires support or enablement. It can also be used in terms of a positive right, typically a legal right enforced through courts.
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ItemJournalism and Democratic Practice: Defamatio Law and Public Debate in Four Countries(Macquarie University Faculty of Arts Politics and International Relations, 2009)
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ItemPerfecting Polly Peck: Defences of Truth and Opinion in Australian Defamation Law and Practice(SYDNEY LAW SCH, 2007-12)