UPCOMING EVENTS

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CMCL & ERRN (VIC) Joint Seminar: Election Talk: Issues in Election Communications Law and Practice in Australia, the United Kingdom and the Unites States

Date: Wednesday 9 th May 2012

Time: 5:30 PM - 7:00 PM

Speaker: Dr Murray Green

Description:

There is an assumption in many common law jurisdictions that freedom of speech during an election campaign should be protected. But this is not the only regulatory concern during election campaigns. Some jurisdictions regulate for equality of opportunity to participate in the electoral process. In other jurisdictions there is a focus on fostering election deliberation about issues before the electorate. Most regulatory attention is on the impact of the broadcast media during election campaigns rather than on other media forms including print. But are there limits to government interest in regulatory intervention in the broadcast media during election campaigns?

This presentation examines the response of three jurisdictions to these issues and from the perspective of deliberative democracy advocates a five element framework for the development of election communications law. Several superior court cases from each jurisdiction are assessed and the practice of election lawyers and regulators from across the three jurisdictions provide the basis of a socio-legal analysis of how election communications law is devised and practised.

Dr Murray Green is a Research Associate at the Communications Law Centre, University of Technology, Sydney. Until March this year he was Director International at the Australian Broadcasting Corporation where he had responsibility for Australian Network television, Radio Australia and ABC International Development. Murray was for ten years also responsible for the monitoring for accuracy and fairness in ABC election coverage of federal, state and territory elections. The topic of the seminar was his doctoral thesis at the Melbourne Law School. He is also a graduate in law from the University of New England and the Australian National University.

Murray's interests include legal and regulatory issues in a converged media environment as well as the development of media regulation in Asia and the Pacific.

To view the seminar flyer, please click here

To register, please click here

Registrations essential

Venue: Room 920, Level 9

Address: Melbourne Law School 185 Pelham Street Carlton VIC 3053

Contact Person: Clarissa Terry (CMCL) or Jean Goh (ERRN)

Contact Details: law-cmcl@unimelb.edu.au or law-errn@unimelb.edu.au

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RECENT EVENTS

TWEETS, BEAKS AND HACKS: Court Reporting and the Law in the Age of New Media Journalism

In conversation with the Centre for Advanced Journalism's Margaret Simons, Mark will reflect on the limits of freedom of speech, and how journalists should operate in the murky area of unauthorised disclosure.

Mark Stephens is one of the world's most prominent media lawyers. He is known as former counsel to WikiLeaks founder Julian Assange, the late author Christopher Hitchens and the evolutionary biologist Richard Dawkins. He has defended Dow Jones (against Australian Joseph Gutnick), Wall Street Journal and the Guardian (in the 'Alphabet Soup' Case) and made a number of interventions in the European Court of Human Rights in free speech cases. He was also a victim of phone hacking by News of the World.

He has specialised in media law and intellectual property for the past 27 years and has a multinational practice which has included some of the most high profile cases in this field.

Date: Friday 30 March
Time: 7pm
Free Admission

The University of Melbourne
GM15 Law Building
185 Pelham Street,
Carlton  

Podcast available here

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Net Neutrality: European and Comparative Approaches

Free public seminar presented by CMCL

Presented by Dr Chris Marsden

Net neutrality is a growing policy controversy, which must be traced in its policy history, examined and defined, and its two elements separated: the present net neutrality 'lite' debate and the emerging net neutrality 'heavy' concerned with fibre access networks in the future. In this talk, Dr Marsden will explain its past, explore the legislation and regulation of its present, and explain that economics and human rights will both play a part in its future. There are net neutrality laws in the Netherlands, Chile and Finland, regulation in the United States and Canada, co-regulation in Norway, and self-regulation in Japan, the United Kingdom and many other European countries. It is a debate which has existed for at least twelve years, and service quality increases with the demand on the network for more attractive fixed and mobile/wireless services.

Melbourne: Tuesday 13 March 2012
Melbourne Law School
185 Pelham St Carlton, VIC

Sydney: Thursday 22 March 2012
Corrs Chamber Westgarth
1 Farrer Place Sydney, NSW

PowerPoints from presentation available here

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Brands and the Challenges of Grey Markets

Free panel discussion presented by IPRIA and CMCL

Panel Discussion featuring: Owen Malone, Don O'Sullivan, Susy Frankel and Vicki Huang. Chaired by Janice Luck.

Date: Wednesday 26 October 2011

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Keeping Secrets in Times of Weak Law

Full Day Conference presented by IPRIA and CMCL

Keynote Speakers:

Professor Dan Hunter, Professor of Law, Director of the Institute for Information Law & Policy, New York Law School

Dr Philip Williams, Chair, Frontier Economics, Melbourne

The Honorable Michael Kirby, AC CMG

Date: Friday 25 November 2011

The CMCL Medal 2011

New Voices in Media Law

The CMCL Medal seeks succinct, innovative analyses of contemporary issues in media law

Eligibility - Final year JD and LLB students in Australia and New Zealand, and those who graduated in the last five years and currently reside in Australia or New Zealand.

Finalists:

Roxanne Burd, 'To Supress, Or Not to Supress; Protecting the Right to a Fair Trial in the Twenty-First Century'

Sara Phung, 'Function Not Form: Protecting Sources of Bloggers'

Jessica Goulburn, 'Straw, Sticks or Bricks- How to Stop the Big Bad Wolf from Piggybacking'

Final Presentation Dinner - Monday 5 September 2011

Place: University House, The University of Melbourne, Central Parkville Campus

Please click here to view flyer
Please click here for dinner registration form

Please click here for entry form

Please click here to view flyer

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Enforcement, Enforcement, What Enforcement?

Free public seminar presented by IPRIA in association with CMCL
This event is generously hosted by Blake Dawson

Intellectual property piracy and counterfeiting remains rampant in China, countries in southeast Asia, as well as other developing countries. Yet, these countries continue to disagree with developed countries over international intellectual property enforcement standards. What types of standards exist today? Why can't countries agree on harmonizing their standards? Can the new Anti-Counterfeiting Trade Agreement and the growing number of free trade agreements strengthen intellectual property enforcement in the developing world? What do we need to do to provide intellectual property rights holders with meaningful and sustainable protection

Speaker: Professor Peter K Yu- Kern Family Chair in Intellectual Property and Director, Intellectual Property Law Center , Drake University Law School , USA

EVENT DETAILS

MELBOURNE : Friday 27 May – Blake Dawson, Level 26, 181 William Street MELBOURNE , 1pm – 2pm (Registration from 12:30pm)

SYDNEY : Wednesday 1 June – Blake Dawson, Level 36, 225 George Street SYDNEY , 1pm – 2pm (Registration from 12:30pm)

Please click here to register for this event or cut and paste the following link into your web browser:

http://www.ipria.org/events/seminar/2011/PeterYu/Enforcement.html

To view the flyer – please click here

SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building, The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au

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PhD Completion Seminar

PhD Candidate, Tiong Guan Saw , under the supervision of Andrew Kenyon and Amanda Whiting, will be presenting his PhD Completion Seminar on  'The Final Cut: Film Censorhsip and Judicial Review in Malaysia, Hong Kong and Australia'

DATE: Friday 20th May 2011
TIME: 1.00 - 2.00 pm
VENUE: Room 920, Level 9, Melbourne Law School, 185 Pelham Street, Carlton

For further information contact: law-cmcl@unimelb.edu.au

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Human Rights and Intellectual Property: Mapping the Global Interface

A free public seminar in Melbourne and Sydney proudly presented by IPRIA in association with the Centre for Media and Communications Law (CMCL) , Institute for International Law and the Humanities (iILaH)

The relationship between intellectual property and human rights has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas such as freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. Drawing from their recently published book, Human Rights and Intellectual Property: Mapping the Global Interface (Cambridge University Press, 2011), Professors Larry Helfer and Graeme Austin will explore some of the conflicts and the possibilities for coexistence between these two areas of domestic and international law and policy.

SPEAKERS:

Professor Larry R Helfer, Harry R. Chadwick, Sr. Professor of Law, Duke University, School of Law (USA)

Professor Graeme W Austin , Professor of Law, Victoria University of Wellington ( New Zealand ) and The University of Melbourne

COMMENTATOR:

Associate Professor Shaun McVeigh , Programme Director, Jurisdictions of the South, iILaH (Melbourne)

Professor Kathy Bowrey , Associate Dean - Research, Faculty of Law, UNSW (Sydney)

CHAIR:

Professor Megan Richardson , Director, Centre for Media and Communications Law and Associate Director (IPRIA) , The University of Melbourne (Melbourne)

Professor Jill McKeough , Dean, Faculty of Law, UTS (Sydney)

EVENT DETAILS
MELBOURNE

DATE: Wednesday 11 May, 6pm - 7:30pm (Refreshments from 5:30pm)
VENUE: Melbourne Law School (Theatre G08, Ground Floor), 185 Pelham Street , CARLTON

SYDNEY

DATE: Monday 16 May, 6pm - 7:30pm (Refreshments from 5:30pm)
VENUE: UTS Law School, Block B (CM05B.03.18 Law Conference Room), Building 5 cnr Quay St & Ultimo Rd, HAYMARKET

COST: Free of charge

Please click here to register via the IPRIA website.

Please click here to view the flyer

SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building , The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au

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Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders

Lisa P. Ramsey, Professor of Law, University of San Diego

Should trademark infringement law apply to the unauthorized use of trademarked brand names in expression on Facebook, Twitter, and other social network sites? If a third party impersonates a brand on these sites, this can cause harm to the markholder and the public even where the imposter is not advertising or selling goods or services. For example, a Facebook user with the alias “Nine West Shoes” set up a fake Nine West-Model Auditions group page and convinced hundreds of women and teenage girls interested in model auditions to send the imposter their contact information and photographs of their faces, bodies, and toes. A competitor of the public relations firm Tanner Friedman allegedly impersonated the company on Twitter and sent out embarrassing posts purportedly written by employees of the firm. This Article argues that these types of unauthorized uses of trademarks on social network sites can and should be actionable infringement where (1) the mark is used to impersonate the markholder and falsely suggest the markholder is the author of the third party's expression, (2) reasonable people believe the imposter's false statements of identity and authorship, and (3) the content of the social network site page does not dispel the confusion regarding the source of the expression. On the other hand, where the mark is being used in parody, satire, criticism, comparative advertising, news reporting, and other commentary on the social network site and there is no confusion about the source of this expression, this expressive use of the mark should be outside of the scope of the trademark infringement laws.

EVENT DETAILS

MELBOURNE

DATE: Tuesday 15th March, 2011

TIME: Refreshments from 5:30pm, Seminar starts at 6pm

VENUE: Baker & McKenzie, Level 19, CBW, 181 William Street , Melbourne

Please click here to view the flyer

SYDNEY

DATE: Thursday 17th March, 2011

TIME: Lunch from 12.30pm, Seminar starts at 1pm

VENUE: Baker & McKenzie, Level 27, AMP Centre, 50 Bridge Street , Sydney

Please click here to view the flyer

To view the paper from the seminar click here.

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Inter-faculty Workshop on Law and Non-Communicable Diseases

When: Thursday, 24 February 2011, 9:00am - 11:00am

Where: Melbourne Law School (Room 221)

RSVP: Clarissa Terry: law-cmcl@unimelb.edu.au

Morning tea provided

You are invited to an Inter-Faculty Workshop to discuss the role of law in domestic and global efforts to combat non-communicable diseases (NCDs).

NCDs—especially, cancer, heart disease, diabetes and chronic respiratory disease—are a major threat to population health and to development in the 21 st century. In 2005, they caused an estimated 35 million deaths globally, 60% of all deaths.

The Melbourne Law School , the Nossal Institute for Global Health, the Melbourne School of Population Health and Cancer Council Victoria convened a day-long planning session in July 2010. The initiative was supported by the Provost's office. Participants included many internationally-recognised experts in law, NCDs or both. The goal was to identify priorities for research and capacity building in this area. There was a strong emphasis on inter-disciplinary ideas and projects with the potential to draw together expertise from a wide range of fields (business, economics, medicine, health sciences, public health, politics, sociology, psychology, org. behaviour and law).

This Inter-Faculty Workshop will present outcomes of the planning session. It will also provide a forum to discuss opportunities for interdisciplinary research and collaborations—both across the University and with key external agencies—that address the role of law in NCD prevention and treatment.

Andrew Kenyon, Melbourne Law School

Rob Moodie, Nossal Institute for Global Health

David Studdert, Melbourne School of Population Health, Melbourne Law School

Paula O'Brien, Melbourne Law School

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New Models for Book Publishing

A free public seminar in Melbourne proudly presented by IPRIA in association with the Centre for Media and Communications Law (CMCL) , Melbourne Business School (MBS) and the Publishing and Communications Program at the University of Melbourne.

The book publishing business seems to be changing irrevocably in the digital age. How will traditional book publishers and book stores cope with new modes of production and distribution in the 21st century? What new business models are being tried by book publishers, retailers and authors? Will the way we read books change entirely, and how might this affect the shape of the industry? These questions will be examined by a distinguished panel of book publishers, sellers and authors, chaired by Emmett Stinson of the Publishing & Communications Program at the University of Melbourne .

PRESENTERS:

Emmett Stinson , Writer and Lecturer, School of Publishing and Communications, The University of Melbourne ( Chair )

Nathan Hollier , Manager, Monash University Publishing, Monash University

Vivek Wagle , Head of Editorial, Lonely Planet Digital

Graeme Connelly , CEO and Director, Melbourne University Bookshop and President, Australian Campus Booksellers Association

Max Barry , Author

Kwanghui Lim , Associate Director, IPRIA and Associate Professor, Melbourne Business School ( Discussant )

EVENT DETAILS

MELBOURNE

DATE: Wednesday 9 February, 6pm - 7:30pm (Refreshments from 5:30pm)
VENUE: CUB Theatre, Melbourne Business School , 200 Leicester Street CARLTON
COST: Free of charge

Please click here to register via the IPRIA website.

Please click here to view the flyer

Continuing Professional Development

Patent and Trade Mark Attorneys
If this particular educational activity is relevant to your professional development, improving your practice and service to your clients, you may be able to claim CPE hours.

Please refer to the Professional Standards Board Website and its guidelines on CPE

SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building , The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au

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Drinks and Conversation with Eddie Schwartz

Celebrate the end of the year and join a discussion with one of the world's leading songwriters on music markets and the Internet...

Eddie Schwartz is best known for writing such classic hit songs as “Hit Me With Your Best Shot” recorded by Pat Benetar, “Don't Shed A Tear” by Paul Carrack and “The Doctor” by the Doobie Brothers. As a songwriter, he has had some two hundred songs recorded and performed by artists such as Joe Cocker, Carly Simon, Peter Frampton and Donna Summer. His worldwide sales are currently in excess of 30 million recordings. Together with Prof. Daniel Gervais from Vanderbilt University Law School , Eddie will lead an informal discussion about how music markets on the Internet should be organised.

Eddie Schwartz- Songwriter/Record Producer, Nashville, USA
http://www.myspace.com/eddieschwartz

Professor Daniel Gervais- Professor of Law and Co-Director, Vanderbilt Intellectual Property Program
Vanderbilt University, USA
http://law.vanderbilt.edu/faculty/faculty-detail/index.aspx?faculty_id=226

EVENT DETAILS

Date: Monday 13 December, 2010

Time: Refreshments from 5:30pm, Conversation starts at 6pm

Place: Corrs Chambers Westgarth, Level 36, 600 Bourke Street, MELBOURNE

Bookings are essential

Please click here to register for this event.

To view the flyer- please click here.

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No Personality Rights for Popstars in Hong Kong ?

Free public seminar presented by IPRIA in association with CMCL

This event is generously hosted by Baker & McKenzie

Referred to as ‘the Pearl of the Orient' for generations, Hong Kong is a glamorous city known for its lavish lifestyle and the rich and famous. Its entertainment products, in particular movies, television programs, and music, are popular throughout the world. Yet, the region does not offer strong protection of personality rights to celebrities. This development provides an interesting contrast to developments in the United States , where Hollywood actors receive very strong protection of their name, likeness, voice or other personal attributes. The lack of protection also contrasts strongly with that of China , which offers in its civil code a right of portrait. What are the differences between the American right of publicity and the type of personality protection available in Commonwealth jurisdictions? Why has Hong Kong yet to offer strong protection of personality rights despite having fertile conditions for such development? How will personality rights develop in this former British colony in the future?

EVENT DETAILS

SYDNEY : Wednesday 1 December – Baker & McKenzie, Level 27, AMP Centre – 50 Bridge Street SYDNEY , 1pm – 2pm (Registration from 12:30pm)

MELBOURNE : Monday 6 December – Blake Dawson, Level 26, 181 William Street MELBOURNE , 1pm – 2pm (Registration from 12:30pm)

To view the flyer – please click here

Speaker: Professor Peter K Yu, Kern Family Chair in Intellectual Property and Director, Intellectual Property Law Center , Drake University Law School , USA

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Media, Communications and Public Speech
2010 Conference of the CMCL–Centre for Media and Communications Law
University of Melbourne Law School
25-26 November 2010

To download the registration form click here.

To download the conference program click here.

For accommodation and visitor information click here.

For further information contact: law-cmcl@unimelb.edu.au

Plenary Speakers include

Professor Eva Hemmungs Wirtén , Professor in Library and Information Science, Uppsala University, Sweden. Recent publications include Terms of Use: Negotiating the Jungle of the Intellectual Commons ( 2008 ) and the co-edited  Mashing-up Culture: the Rise of Usergenerated Content (2009) .

Professor Peter K Yu , Kern Family Chair in Intellectual Property Law, Drake University Law School, US, whose work includes the edited Handbook on Intellectual Property and Global Development (2010) and the articles ' The Political Economy of Data Protection' and ' Intellectual Property and the Information Ecosystem'.

Associate Professor Lisa M Austin, University of Toronto Faculty of Law , Canada . Publications include the co-edited Technology, Privacy and Justice (2007), the article ‘Information Sharing and the “Reasonable” Ambiguities of s 8 of the Charter' (2007) and the co-written report Model Policy for Access to Court Records in Canada (2005, in collaboration with Judges Technology Advisory Committee for the Canadian Judicial Council).

To print a copy of the Call for Papers click here .

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INAUGURAL MEDIA LAW COMPETITION

New Voices in Media Law
The CMCL Medal 2010
The inaugural CMCL Medal seeks succinct, innovative analyses of contemporary issues in media law

For further details please see the article in the Fortnightly Review

The CMCL Medal will be held again in 2011.  Details will be available on the website soon.

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An archive of all earlier CMCL events is available.