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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ItemThe Right to Speak Ill: Defamation, Reputation and Free Speech(Carolina Academic Press, 2006)
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ItemDefamation: Comparative law and practice(UCL Press, 2013-01-01)