| Description |
xxiv, 355 pages ; 25 cm |
| Contents |
(European Union; possible protocol to the Berne Convention); moral rights - Exceptions to exclusive rights: copying for normal use; back-up copying; ephemeral back-up copying by businesses; third party maintainers; reverse engineering and decompilation; fair dealing; Crown use of computer programs; home (own-use) copying; shareware and public domain computer programs; overlap of the Copyright Act 1968 and the Circuit Layouts Act 1989 - Parallel importation: price; competition (direct mail order importation for personal use); piracy - Educational use of computer programs - Works made with assistance of computer programs and computer-generated materials - Works stored in computer memory, databases: use right; reproduction right (electrocopying; networking; jurisdiction of the Copyright Tribunal; liability of database operators; copying by libraries and educational institutions; fair dealing) |
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The committee's draft report and relevant international developments: Prices Surveillance Authority (PSA) report on prices of computer software; High Court decision in Autodesk v Dyason; Copyright Convergence Group report: Highways to change; European Union; Uruguay Round of GATT; WIPO [World Intellectual Property Organisation] Committee of Experts on a Possible Protocol to the Berne Convention; Washington Treaty on integrated circuits; national developments in Australia's trading partners; threatened unilateral action by the United States - Current form of protection: 1984 amendments; TRIPS agreement - Possible forms of protection other than copyright: patent; sui generis - Preference for copyright protection for computer programs - Protection of 'look and feel' of computer programs -- |
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The position since the 1984 amendments: the Autodesk case (the scope of protection of computer programs; the definition of 'computer program'; the meaning of 'reproduction'; the meaning of 'adaption' - The 1984 amendments: definition of 'literary work'; protection of object code; types of computer programs; definition of 'computer program' (protection of object code; protection of programs written in declarative languages; use of the word 'digital'; international approaches; should algorithms be protected?); definition of 'computer'; meaning of 'reproduction in a material form' (reproduction in relation to works in general (objective similarity; proposed deeming of digitisation to be reproduction); reproduction in relation to computer programs); definition of 'adaption' and 'reproduction' (definition of material form) - Ownership of copyright in computer programs: joint authors; employed or commissioned authors |
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display right; publication right; rental right; compilations; European Union amended directive on databases; hypertext; multimedia - Published edition copyright (publishers' copyright) - Delivery of material to the National Library of Australia - Archival copying of materials into machine readable form - Proof of ownership of copyright in computer programs - Privilege against self-incrimination: Lotus's submission; position in the UK (Great Britain); review of Commonwealth and states evidence laws - Possession in the course of a business - Anton Piller orders - Program locks - Penalties for criminal offences under the act - Distribution of copyright materials via computer bulletin board systems |
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employees of newspapers, magazines and similar periodicals; computer programs produced in educational institutions; computer programs produced by or for governments - Duration of protection of computer programs: term of protection; published and unpublished works; United States term of protection of 'works for hire' - Exclusive rights: economic rights; right to reproduce computer program in a material form ('look and feel'; 'user interface'; 'structure, sequence and organisation'; 'non-literal elements'; screen displays); right to make an adaption of computer program; right to publish computer program; right to perform computer program in public; right to broadcast computer program; right to transmit computer program to subscribers to a diffusion service; right to control rental of computer program; right to control public lending of computer programs |
| Analysis |
Committees and inquiries |
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Computer software |
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Copyright |
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Federal issue |
| Notes |
"Copyright Law Review Committee" -- Cover |
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"Edited and produced by the Office of Legal Information and Publishing, Attorney-General's Department" -- Verso t.p |
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"This final report on Computer Software Protection represents an amended version of the Draft Report on Computer Software Protection, released in June 1993" --p. xvii |
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Cat. no. 95222344 |
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Commonwealth of Australia 1995 |
| Subject |
Computer crimes.
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Computers -- Access control.
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Copyright -- Computer programs -- Australia.
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Electronic data processing departments -- Security measures.
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Software protection -- Law and legislation -- Australia.
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Software protection -- Australia.
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Software protection.
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| Author |
Sheppard, Ian Fitzhardinge
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Australia. Attorney-General's Department. Office of Legal Information and Publishing.
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| ISBN |
0642208301 |
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