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Australia
This page considers moral rights cases and controversies
in Australia and New Zealand.
It covers -
introduction
As noted in the Intellectual Property
guide elsewhere on
this site, as of May 2006 there is no definitive case
law about moral rights under the Australian
Copyright Amendment (Moral Rights) Act.
In contrast there have been several cases in New Zealand
under that nation's legislation.
controversies
Controversies since passage of that legislation have included
-
- disagreement
about redesign of the entry to the National Gallery
of Australia in Canberra
- action
- settled out of court - by world-renowned architect
Harry Seidler (1923-2006) over alleged derogatory changes
by a property owner to one of his designs.
Selected
Australian intellectual property case law is discussed
in more detail here.
studies
Maree Sainsbury's Moral Rights & their Application
in Australia (Leichhardt: Federation Press 2003)
is noted in the Intellectual
Property Guide, which also points to relevant government
reports and academic papers.
Other works include Anthony Hutchings's 1997 Sydney
Law Review article
'Authors, Art, and the Debasing Instinct: Law and Morality
in the Carmina Burana Case';Elizabeth Adeney's 'Authors'
Rights in Works of Public Sculpture: A German/Australian
Comparison' (33 International Review of Industrial
Property & Copyright Law, 2002), 'Moral Rights
& Substantiality: Some Questions of Integration' (13
Australian Intellectual Property Journal, 2002),
'Defining the Shape of Australia's Moral Rights: A Review
of the New Laws' (4 Intellectual Property Quarterly,
2001) and 'Moral Rights/Statutory Licence: The Notion
of Debasement in Australian Copyright Law' (9 Australian
Intellectual Property Journal, 1998); Patricia Loughlan's
'The Ravages of Public Use: Aboriginal Art And Moral Rights'
(7 Media and Arts Law Review, 2002) and 'The
Right of Integrity: What Is in That Word Honour? What
Is in That Word Reputation?' (12 Australian Intellectual
Property Journal, 2001) and Elisabeth Logeais' 'The
Introduction of Moral Rights in Australia: A French Perspective'
(47 Intellectual Property Forum, 2001).
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