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Issue 115 Intellectual Property Forum Issue 115 Issue 115 Intellectual Property Forum Issue 115 Journal of The Intellectual Property Society of Australia and New Zealand Inc. March 2019 Co-Editors Fiona Phillips Fiona Rotstein Editorial • Message from WIPO Director General Francis Gurry • Message from the Minister for Communications and the Arts, Senator the Hon. Mitch Fifield • In Conversation with the Contents Honourable Judge Julia Baird • Articles • Some reflections on 50 years of the Copyright Act in Australia • Robot vs Rightsholder: Machine Learning and Copyright in the Film and Television Industries • A New INTELLECTUAL PROPERTY FORUM World Standard? Why Australian Businesses should be Ensuring their Compliance with the EU General Data Protection Regulation • Reports • Federal Circuit Court’s National Intellectual Property Pilot Scheme • Brexit and Copyright: a Pyrrhic Victory • The Case for Perpetual Copyright in Albert Namatjira’s Artistic Works • Non-Conventional Copyright: Do New and Atypical Works Deserve Protection? • Current Developments • Australia • New Zealand • Asia • Europe • North America Intellectual Property Forum The Intellectual Property Society of Australia and New Zealand Inc The Journal of The Intellectual Property Society of Australia Subscriptions to Journal Trans Tasman National Committee of Management and New Zealand Inc ABN 056 252 558 Four issues of the Journal are published annually. President: Luke Merrick Membership of the Society entitles you to receive the Journal. Co-Editors Fiona Phillips Subscriptions to the Journal can be purchased from the Society. Contact the Society for Vice Presidents: Shelley Einfeld and subscription and membership information: Fiona Rotstein Clare Cunliffe c/- National Secretariat Editorial Board The Intellectual Property Society of Australia and New Zealand Inc The Honourable Judge Julia Baird, GPO Box 2491 Secretary: Ian Horak Judge of the Federal Circuit Court of Australia Melbourne Victoria 3001 Australia The Honourable Dr Annabelle Bennett AO, SC, Telephone: (+61 3) 9761 2833 Treasurer: Caroline Ryan Former Justice of the Federal Court of Australia Facsimile: (+61 3) 9761 2899 Ms Angela Bowne SC, Email Address: [email protected] Members Barrister, Sydney Website: www.ipsanz.com.au Victoria Bell, Nadia Braad, Rebecca Brenikov, *Andrew Clarke, Luke Dale, *Kadri Elcoat, Dean Gerakiteys, Mark Goldblatt, *Kevin Glover, Professor Kathy Bowrey, Faculty of Law, Contributions to the Journal University of New South Wales Lauren Gore, John Hennessy SC, *Adrian Huber, Thomas Huthwaite, Susan McMaster, *Adam Rosser, Robynne Sanders, Natalie Shoolman, Contributions to Intellectual Property Forum are invited on intellectual property subjects Mr Andrew Brown QC, and related issues dealing with commercial law, trade practices, licensing, innovation and Kerryn Underwood, Chris Williams, Garry Williams and *Gillian Woon. Barrister, Auckland, New Zealand technology transfer. Prospective contributors should write to: The Editor, Intellectual Property The Honourable Justice Brendan Brown, Forum, Intellectual Property Society of Australia and New Zealand Inc. Past President Court of Appeal of New Zealand Co-Editors Rosemary Wallis The Honourable Justice Stephen Burley, Fiona Phillips Justice of the Federal Court of Australia Fiona Rotstein Mr Julian Burnside AO, QC, New South Wales Committee c/- National Secretariat Barrister, Melbourne The Intellectual Property Society of Australia and New Zealand Inc Chairperson: Gillian Woon The Honourable Susan Crennan AC, QC, GPO Box 2491 Former Justice of the High Court of Australia Melbourne Victoria 3001 Australia Alison Beaumer, Katrina Crooks, Giulia Fimmano, Josephine Gardiner, Dean Gerakiteys, Alison Jones, Roseanne Mannion, Grant McAvaney, Mr Clive Elliott QC, Telephone: (+61 3) 9761 2833 Angela McDonald, Hazel McDwyer, Melissa McGrath, Li Yen Ng, Natalie Shoolman, Rebecca Simpson, Anna Spies, Vineetha Veerakumar and Barrister, Auckland, New Zealand Email: [email protected] Mr Anthony Franklin SC, Eddie Walker. Barrister, Sydney Contributor’s Guidelines The Honourable Robert French AC, Articles published in Intellectual Property Forum, including Editorials, are critically appraised New Zealand Committee Former Chief Justice of the High Court of Australia or reviewed by an academic or professional peer of the author. Chairperson: Kevin Glover Mr Andrew Goatcher, Principal, Contributors grant to the Intellectual Property Society of Australia and New Zealand Inc a Griffith Hack, Melbourne non-exclusive, irrevocable, perpetual licence to publish their articles on-line in the form as Mr Mark Goldblatt, published in the Journal, for services, including but not limited to libraries and educational Sarah Chapman, Rachel Colley, Kate Duckworth, Matthew Hayes, Thomas Huthwaite, and Garry Williams Barrister, Melbourne institutions, as approved by the Society from time to time. The Honourable W M C Gummow AC, QC, Contributors, in preparing articles for publication in the Journal are required to note the Queensland Committee Former Justice of the High Court of Australia following: Chairperson: Andrew Clarke Dr Francis Gurry, Director General, 1. Articles written for Intellectual Property Forum are to be approximately 5,000-10,000 WIPO, Geneva words, typed in double space with footnotes at the end of the article. Nadia Braad, James Cameron, Georgia Campbell, Joshua Henderson, Elizabeth Lawson, Nicole Murdoch, Kellie Stonier and Sandy Zhang Professor Michael Handler, Faculty of Law, 2. The article is submitted by a contributor for publication on the basis that: University of New South Wales a. the article has not been previously published South Australia Committee Ms Katrina Howard SC, b. the article is an original work of the contributor. Barrister, Sydney Chairperson: Adam Rosser The Honourable Judge Christopher N Kendall, 3. The contributor is responsible for the accuracy of the article including citations and references. Judge of the Federal Circuit Court 4. The following information must be included with the article: a. the contributor’s name, title, contact details: address, facsimile, telephone and/ Niomi Abeywardena, Amy Bishop, Alastair Donaldson, Louise Emmett, Daniel Kiley, Matt Murphy, Eugene Reinboth and Josh Simons The Honourable Justice Susan Kenny, Federal Court of Australia or e-mail details b. a summary of the article (50-100 words). The Honourable Michael Kirby AC, CMG, Victorian Committee Former Justice of the High Court of Australia, 5. The article is to be supplied in electronic form. Chairperson: Kadri Elcoat Professor James Lahore, Faculty of Law, 6. Extracts from the article may be reproduced on the Society’s website. University of Melbourne 7. In consideration of the Society publishing the article in the Journal, the contributor agrees that David Franklin, Ann-Kathrin Goller, David Herman, Karen Innes, Lauren John, Melissa Marcus, Ben Mawby, Andrew McRobert, Rebecca Pereira, any proceeds for such publication received from the Copyright Agency Limited (CAL) by the The Honourable Dr Kevin Lindgren AM, QC, Jack Shan and Danielle Sharplin Former Justice of the Federal Court of Australia Society may be retained by and vest in the Intellectual Property Society of Australia and New Zealand. Mr Luke Merrick, President, IPSANZ Western Australian Committee The Honourable Justice John Middleton, Submission Dates for Contributions: Chairperson: Adrian Huber Federal Court of Australia Journal Issue Submission Dates Dr Tania Obranovich, Vice President, June 2019 before 1 May 2019 David Benson, Lauren Gore, Madeleen Rousseau, Stephanie Rowland, Amanda Wong and David Yates. IP Legal Affairs & Compliance, Clinical Genomics September 2019 before 1 August 2019 Professor Sam Ricketson, Faculty of Law, December 2019 before 1 November 2019 Executive Secretary University of Melbourne March 2019 before 1 February 2020 Ms Helen Rofe QC, Caroline Reznik Barrister, Melbourne The Intellectual Property Society of Australia and New Zealand Inc is an independent society Ms Rosemary Wallis, whose principal objectives are to provide a forum for the dissemination and discussion of *State Chairperson Barrister, Auckland, New Zealand intellectual property matters. The Honourable Justice David Yates, Federal Court of Australia ©2019 The Intellectual Property Society of Australia and New Zealand Inc. All rights reserved. ISSN 0815-2098 The views expressed are those of the authors and contributors to this Journal and are not necessarily those of the Society or its members. No claims are made by the Society as to the accuracy or authenticity of material published and it is the responsibility of readers to avail themselves of the latest information or advice in respect of matters reported or discussed in the Journal. Contents 3 Editorial Fiona Phillips and Fiona Rostein 5 Message from WIPO Director General Francis Gurry 7 Message from the Minster for Communications and the Arts, Senator the Honourable Mitch Fifield 9 In Conversation with the Honourable Judge Julia Baird Fiona Phillips Articles 13 Some reflections on 50 years of the Copyright Act in Australia Libby Baulch 23 Robot vs Rightsholder: Machine Learning and Copyright in the Film and Television Industries Eloise Chin 39 A New World Standard? Why Australian Businesses should be Ensuring their Compliance with the EU General Data Protection Regulation Elizabeth Englezos Reports 56 Federal Circuit Court’s National Intellectual Property Pilot Scheme Dr Dimitrios Eliades 62 Brexit and Copyright: a Pyrrhic Victory Eleonora Rosati 66 The Case
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