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Going Digital seminar, Hobart, Tasmania, 27 June 2014 - Dr Anne Fitzgerald: "Challenges and...

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Presentation "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald at the "Going Digital - Law for the Digital Economy" seminar, in Hobart, Tasmania, Australia on 27 June 2014, covering legal challenges and opportunities in the digital economy.
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  • Challenges and Opportunities in the Digital Economy Dr Anne Fitzgerald Going Digital Law for the Digital Economy Hobart, 27 June 2014 "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 1
  • The Digital Economy The digital economy is the global network of economic and social activities that are enabled by information and communications technologies, such as the internet, computers, the cloud, search engines and smart devices. Australian Law Reform Commission Copyright and the Digital Economy, November 2013 - http://www.alrc.gov.au/sites/default/files/pdfs/publications/summary_report_alrc_122.pd f The digital economy has been a major driver of growth in the past two decades in 2013 the European Commission stated that the digital economy is expected to grow 7 times faster than overall GDP in coming years "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 2
  • Law for the Digital Economy: Law as Infrastructure Inter-relationship of creativity/innovation and law Not just a matter of new technology changes in law in response (e.g. copyright in the digital era) Changes in law new practices, business models and technologies (e.g. introduction of personal privacy protection laws) Essential to grasp that in the creative/innovative sectors the ability to control the use of the creative/innovative work is largely conferred by law Intellectual property laws occupy a central space (copyright, patents, designs, trade marks) But in the digital online environment, many other laws and regulations come into play: privacy, security, contracts "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 3
  • Disruptive technologies Digital technology Mass market computer software Personal computers The Internet (world wide web) Mobile devices (smartphones, i* devices) 3D printing Cloud computing Big Data "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 4
  • In the digital environment, content is king. But it is content which is absolutely critical: it is what we put onto the [information] highway that really matters. .Content is at the heart of the internet economy. Cutler and Buckeridge Commerce in Content: Building Australias International Future in Interactive Multimedia Markets, Report for the Department of Industry, Science and Technology, CSIRO and the Broadband Services Expert Group (1994) Content is presented in a variety of formats: video clips, music recordings, text, movies, visual images (photographs), games, multimedia works, podcasts . The essential quality of digital content is that it can be readily copied, altered, combined, disseminated and used on a wide range of equipment. What makes digitised content different is that the core products are innitely renewable and reusable, making the roles of producer and user interchangeable. Cutler and Buckeridge (1994) Digital technologies continue to revolutionise the way in which content is created, distributed, used and reused new ways of providing, creating and distributing content, and new ways to generate value The emergence of new business models that use the internet to deliver content represents both challenges and opportunities for the creative industries, authors and artists "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 5
  • Copyright and digital content Discussion and reviews focus on the respective positions of Copyright owners (creators) Copyright users Intermediaries (eg Internet Service Providers) Early acceptance that copyright applies to material distributed freely online Trumpet Winsock case (Trumpet Software Pty Ltd v OzEmail Pty Ltd, Heerey J, Federal Court, 1996) Digital Agenda amendments to Copyright Act 1968 response to the digital environment was a been a broadening and strengthening of copyright covers a greater range of works (eg computer programs); owners have extended rights; expanded civil and criminal remedies for infringement For Australia, copyright protection was further strengthened in the bilateral trade deal with the United States in the Australia United States Free Trade Agreement (2004) extensive amendments to Copyright Act in 2006 "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 6
  • Copyright and digital content ALRC review Copyright and the Digital Economy (2011 November 2013) Copyright is an essential aspect of innovation in the digital environment. This includes new ways of developing creative material and new ways of legally accessing, distributing, storing and consuming copyright material. At present, copyright law gets in the way of much innovative activity which could enhance Australias economy and consumer welfare. Reform of copyright law could promote greater opportunities for innovation and economic development. Recommended replacing the current fair dealing provisions with a flexible fair use exception to copyright infringement (note that this was first proposed by the Copyright Law Review Committee (CLRC) in 1998 in the Simplification of the Copyright Act reference) The question is it fair would be assessed according to 4 non-exclusive fairness factors: Purpose and character of the use (includes consideration of whether the use was transformative, for the public interest or for a commercial purpose) Nature of the copyright material (includes consideration of whether material has been published, is in print and/or contains factual or entertainment content) Amount and substantiality of the part used Effect of the use upon the potential market or value (to help to ensure that the markets of the rights holders are not substantially damaged by the exception)"Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 7
  • Copyright and digital content ALRC, Copyright and the Digital Economy (2013): Of course, innovation depends on much more than copyright law, but fair use would make Australia a more attractive market for technology investment and innovation. . An Australian copyright law review committee recommended the introduction of fair use in 1998. Would Australia have been better placed to participate in the growth of the nascent digital economy, had this recommendation been implemented at that time? Fair use also better aligns with reasonable consumer expectations. It will mean that ordinary Australians are not infringing copyright when they use copyright material in ways that do not damageand may even benefitrights holders markets. Attorney-General stated in February 2014: I remain to be persuaded that this is the best direction for Australian law, but nevertheless I will bring an open and inquiring mind to the debate. Focus has now shifted to online piracy and how to deter illegal internet downloaders massive downloading of Game of Thrones and Hollywood blockbusters Australia is allegedly the worst offender in online piracy and the Federal Government has indicated that it intends to crack down on the practice Attorney-General has indicated that he is considering legal incentives for ISPs to cooperate with copyright owners to prevent illegal sharing expressed concern to Senate Estimates committee that the legitimate rights and interests of rights holders and content creators are being compromised "Challenges and Opportunities in the Digital Economy" by Dr Anne Fitzgerald is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/ 8
  • Copyright and digital content Emergence of open licensing Based on the existence of copyright in a work Uses copyright as the platform to structure openness (access + reuse) - facilitates lawful reuse + remix and minimises (removes) transaction costs Provide creators and users of copyright with the ability to engage, collaborate and facilitate release, flow and use of copyright content in the digital environment Open licences grant use permissions in advance Examples include: For software: free and open source software (FOSS) licences, eg the GNU General Public Licence (Richard Stallman) For non-software content: open content licences, eg the Free Art Licence, GNU Free Documentation Licence and the Creative Commons licences "Challenges and Opportun
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