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Access – Copyright in the time of COVID

ADA Copyright Forum 2021

A banner for the Australian Digital Alliance Copyright Forum 2021. It features one of the marble lions in front of the New York Public Library wearing a blue medical mask.

COVID-19 and access to content amidst the uncertainty of venue closures and event cancellations.

The COVID-19 pandemic has impacted almost every aspect of our lives, and access to content has been no exception. The sudden closure of physical facilities forced institutions and creators to quickly pivot to making content available online. But inflexible copyright laws limited the ways in which institutions like schools, universities, libraries and museums could provide online services to their users.

The copyright access reforms announced by the Government in August 2020 were designed to address some of these issues. This year, the ADA forum will focus on the idea of ACCESS. How do institutions provide online access to users, and what are the hurdles they face in doing that? We will also be looking to the future of copyright reform, asking ‘what’s next?’

A note about ticketing

To purchase tickets for individual sessions, click on the links below. You can register for all sessions by following this link.

More sessions to be announced shortly! 

Program

Tuesday 27 April 2021

9:00 am AEST

Introduction and overview

ADA’s Executive Officer Ben Rice will introduce this years’ Forum and provide an overview to the format.

Pre-recorded video presenter: Ben Rice, Executive Officer at the Australian Digital Alliance. This video will be available to view from Tuesday 20 April 2021.

5:30–
6:30 pm AEST

Getting exceptions right: a view from the UK

How should copyright exceptions be drafted? To help answer this question we are joined by Dr Emily Hudson, Reader in Law at King’s College London, and author of Drafting Copyright Exceptions: From the law in books to the law in action. In this session, Dr Hudson will discuss some of the themes of her book which draws on thousands of hours of fieldwork analysing how staff at cultural institutions engage with and interpret the law. Dr Hudson will draw on insights gained from her research to talk about orphan works, fair dealing for non-commercial quotation and section 200AB of the Copyright Act

Pre-recorded video presenter: Dr Emily Hudson, Reader in Law at King’s College London.
This video will be available to view from Tuesday 20 April 2021.

Live online panel: Emily Hudson, Emeritus Professor Jill McKeough, Faculty of Law at University of Technology, Sydney (UTS).

Register for this session

Thursday 29 April 2021

12–1pm AEST

Regional update: Singapore Copyright Bill

In Singapore, the Ministry of Law and the Intellectual Property Office have recently begun consultation on a draft bill to amend the Singapore Copyright Act. The draft bill is the latest step in a reform process that has been underway in Singapore since 2016. In this session we will be joined by Trina Ha, the Director of the Legal Department at the IPOS, who spoke at the ADA Copyright Forum in 2019 about the reform process. Trina and her colleagues from the Ministry of Law will provide an update on the drafting process, drawing parallels with the copyright reforms currently underway in Australia.

Pre-recorded video presenter: Trina Ha, Director, Legal Department of the Intellectual Property Office of Singapore.
This video will be available to view from Thursday 22 April 2021.

Live online panel: Trina Ha.

Register for this session

Friday 30 April 2021

1-2 pm AEST

The case for a Digital Lending Right

COVID-19 and the subsequent lockdowns shifted the way users access and borrow books from public libraries. Loans of eBooks and audiobooks increased during lockdowns, and this trend could be here to stay. However, while the authors of books held in public and educational libraries receive payments under the lending rights scheme, the scheme does not cover digital materials like eBooks and audiobooks. In this panel we are joined by Olivia Lanchester and Trish Hepworth to talk about the much needed reforms to Australia’s lending rights scheme.

Pre-recorded video presenters: Olivia Lanchester, CEO at the Australian Society of Authors (ASA) and Trish Hepworth, Director of Policy and Education at the Australian Library and Information Association (ALIA).

Live online panel: Olivia Lanchester, Trish Hepworth and Kirsty Murray.

Tuesday 4 May 2021

1–2 pm AEST

Digitisation in action: getting collections online

Cultural institutions have long been able to digitise their collections for the purposes of preservation. But how do they make those digitised works available for access by users online? This session will explore the processes and issues faced by cultural institutions when trying to provide access to their collections online.

Pre-recorded video presenter: A representative of the National Library of Australia (NLA).
This video will be available to view from Tuesday 27 April 2021.

Live online panel: Lydia Campbell, Rights Manager at AIATSIS, Robyn van Dyk, Head, Research Centre at the Australian War Memorial and ADA Board Member, other speakers TBC.

Wednesday 5 May 2021

1–2 pm AEST

Copyright and contract 20 years on

Are contracts being used to override rights granted under the Copyright Act, and should these terms be enforceable? This was the question that the Copyright Law Review Committee was tasked with answering in its 2002 inquiry. Tom Cochrane, one of the authors of the CLRC report and ADA board member provides a breakdown of what the CLRC concluded and what solutions were identified.

Pre-recorded video presenter: Emeritus Professor Tom Cochrane, Adjunct in Faculty of Law at Queensland University of Technology and ADA Board Member.
This video will be available to view from Wednesday 28 April 2021.

Live panel: Liz Stanton, Policy Director – Intellectual Property at Universities Australia and ADA Board Member.

Thursday 6 May 2021

1–2 pm AEST

Open access: COVID-19 as a catalyst for OA

There is a growing trend towards open access in research and academia both in Australia and internationally. Most recently, CSIRO announced that it would transition to an OA model for its research in scientific journals. The organisation has entered into agreements with publishers to publish CSIRO science for readers to access for free. Open Access Australasia (formerly the Australasian Open Access Strategy Group (AOASG)) have long played a pivotal role in driving the shift towards open access. They and works to make Australasian research Open and FAIR (Findable, Accessible, Interoperable and Reusable) and to promote open scholarship and innovation. In session, both CSIRO and OAA will discuss the shift to OA and some of the considerations moving to this model.

Pre-recorded video presenters: Ginny Barbour, Director at Open Access Australasia and Martin Borchert, Chair of the Open Access Australasia Executive Committee and University Librarian at UNSW.
This video will be available to view from Thursday 29 April 2021.

Live online panel: Ginny Barbour, Martin Borchert, Cynthia Love, Executive Manager, Information Services at CSIRO, Andrew Stammer, Director at CSIRO Publishing, Robin Wright (moderator), Manager, Acquisitions, Records and Copyright at Swinburne University of Technology, Co-lead, Creative Commons Australia and ADA Board Member.

Friday 7 May 2021

1–2 pm AEST

Copyright reform: what’s next?

The Government has flagged that its proposed copyright access reforms mark the closure of its response to the Productivity Commission’s IP Arrangements inquiry but there are still a number of copyright issues left to address. What is the future of reform for fair use, exceptions that will allow future technologies like text and data mining (TDM) and safe harbours?

Pre-recorded video presenter: Dr Rita Matulionyte, Senior Lecturer and Researcher in Law at Macquarie University.
This video will be available to view from Friday 30 April 2021.

Live online panel: Dr Rita Matulionyte, Ben Rice (Chair).

Speakers

Margaret Allen

CEO and State Librarian at the State Library of Western Australia and ADA Board Member

Margaret Allen PSM, FALIA has been the CEO and State Librarian of the State Library of Western Australia since 2004. The State Library has responsibility to collect, preserve and make available Western Australia’s documentary history as well as a leadership role with WA’s network of 233 public libraries. The State Library’s Better Beginnings program is recognised as Australia’s most innovative and extensive family literacy program reaching more than 650,000 families since its inception.

Margaret’s professional achievements include Chair of the IFLA eLending Working Group, Chair of the Australian Libraries Copyright Committee (ALCC), Board member of the Australian Digital Alliance, past President of the Australian Library and Information Association (ALIA), member of the Public Lending Right Committee, member of the ALIA Book Industry and eLending Advisory Group, Secretary of the International Federation of Library Associations and Institutions (IFLA) Public Libraries Section and member of the IFLA Governing Board (2015–2017). Margaret was awarded a Public Service Medal in 2018 for outstanding public services to the library sector.

Dr Ginny Barbour

Director at Open Access Australasia

Dr Virginia (Ginny) Barbour is Director of the Australasian Open Access Strategy Group and is Co-Lead, Office for Scholarly Communications, Queensland University of Technology (QUT). In 2004, she was one of the three founding editors of PLOS Medicine. She was Chair of the Committee on Publication Ethics from 2012-2017. She has been involved over the years with many Open Access, publishing, and ethics initiatives including the Declaration on Research Assessment (DORA) the Cochrane Library Oversight Committee, and as a Plan S Ambassador. She writes for The Conversation. She is on the NHMRC’s Research Quality Steering Committee.

Her ORCID profile is here http://orcid.org/0000-0002-2358-2440

Martin Borchert

Chair of the Open Access Australasia Executive Committee and University Librarian at UNSW

Martin Borchert is an experienced leader with over 15 years in senior roles and is the University Librarian at UNSW Sydney where he was appointed to the position in June 2016. In this role, Martin nurtures strong partnerships to build upon the work and reputation of the UNSW Library. He is working to further develop services, resources and facilities which support students, HDR candidates, academic staff and community members in attaining their academic, professional and personal goals and the goals of the university. The Library focuses on delivering efficient and effective, digital, scalable and engaging library services. He is a strong advocate for transformation in scholarly communication via open access, open science and open infrastructure.

Emeritus Professor Tom Cochrane

Adjunct Professor, Faculty of Law at Queensland University of Technology and ADA Board Member

Emeritus Professor Tom Cochrane is currently Adjunct Professor in the Faculty of Law at the Queensland University of Technology (QUT) in Brisbane, Australia. He was formerly, (until retiring from the position in December 2013), Deputy Vice-Chancellor (Vice-President) at QUT. In his current role, Professor Cochrane’s external duties include: Director, Australian Digital Alliance; Deputy Chair, Library Board of Queensland, and member a Copyright Reference Group for Universities Australia. He has also been co-leader of the Creative Commons project for which QUT is the institutional partner for Australia. This project, together with other open access initiatives locally based at QUT, signals a long standing commitment to improving access to research outputs and the supporting infrastructure worldwide. This is part of a wider general commitment to promoting access to knowledge and a fair go for every person in the copyright ecosystem.

Trina Ha

Director, Legal Department of the Intellectual Property Office of Singapore

Trina Ha is the Director of the Legal Department at IPOS where she manages the legal affairs of the IP office as well as advising on and reviewing IP legislation and international agreements. She is also the joint head of the Copyright Review Taskforce by IPOS and the Ministry of Law. In addition, Trina holds the following concurrent appointments

  • Head, IP Management (Government) where she leads a team of consultants to render IP management related advice and services to public agencies
  • Senior Faculty of the IP Academy, the training arm of IPOS.

Prior to joining public service, Trina was in private practice where she specialised in matters involving the protection, management and exploitation of intellectual property rights, particularly in the field of Entertainment and the Arts. She was legal adviser to various industry associations such as the Games Exchange Alliance and the Asian Film Archive. Trina co-authored the volume on Media Law published by Butterworths as the first title in the series of Singapore Precedents and Forms. During her time in legal practice, she was ranked annually since 2007 in the intellectual property industry and TMT industry by the Asia Pacific Legal 500.

Trish Hepworth

Director of Policy and Education at the Australian Library and Information Association

Trish Hepworth is the Director of Policy and Education at the Australian Library and Information Association (ALIA). She is currently leading the Professional Pathways Initiative to ensure a diverse, skilled, valued and supported LIS workforce delivering quality library and information services that anticipate and meet the needs of the community. Trish has previously worked across corporate, government and not-for-profit sectors in Australia and overseas, leading teams in policy development, research, and advocacy. She is passionate about delivering results that make a beneficial difference in the world, whether that is securing copyright law reform for libraries or developing and delivering health promotion projects. 

Dr Emily Hudson

Reader in Law at King's College London

Dr Emily Hudson is Reader in Law at the Dickson Poon School of Law, King’s College London, and also serves as the School’s Director of Undergraduate Studies and Chair of Assessments. Emily joined King’s in January 2015, having previously held academic posts at the University of Melbourne, University of Queensland and University of Oxford. Emily’s monograph, Drafting Copyright Exceptions: From the Law in Books to the Law in Action (CUP, 2020) showcases her work on copyright law as it relates to cultural and educational institutions, and ties this work to broader themes in relation to legal drafting, the decision-making of non-legal users, and social norms. 

Olivia Lanchester

CEO at the Australian Society of Authors

Olivia Lanchester has worked as a senior intellectual property lawyer in private practice and as a freelance editor. Prior to becoming CEO, she ran the ASA‘s Contract Assessment Service and has reviewed hundreds of publishing contracts during her time with the ASA. She is passionate about informing ASA members on their rights and optimising the contractual position of writers and illustrators. Olivia is deeply interested in copyright reform and coordinates the ASA’s advocacy on copyright, unfair contracts and digital lending rights. She is also the ASA’s Company Secretary and a director of the Australian Copyright Council.

Cynthia Love

Executive Manager, Information Services at CSIRO

Cynthia Love is a member of the Information Management & Technology executive that delivers IT services, scientific computing and information services to CSIRO. She is responsible for Information Services. This covers Library Services, Records Services, Research Data Services, Information Governance and Information Services Applications. Her background is in libraries however over the years this has expanded to the broader information management environment and the development of strategies associated with it. In the last year Cynthia and her team have been negotiating transformative agreements with publishers which is the beginning of a program to introduce Open Access to CSIRO’s publication outputs. A number of these agreements are the first of their kind in Australia and New Zealand.

Dr Rita Matulionyte

Senior lecturer and researcher in law at Macquarie University

Dr Rita Matulionyte is an expert in intellectual property and technology law, with her most recent research focusing on legal and regulatory issues surrounding Artificial Intelligence. Rita has almost 40 research papers published by leading international publishers and was invited to present her research in conferences in Europe, US, Japan, Hong Kong and Australia. She has prepared expert reports for the European Commission, the European Patent Office, and for the governments of South Korea and Lithuania. She sits at the management committee of the Australian Society for Computers and Law (AUSCL) and is an active member of Intellectual Property Society for Australia and New Zealand (IPSANZ).

 

Kirsty Murray

Author

Kirsty Murray is a multi-award-winning author of more than 20 books for children and young adults. Her works include eleven novels as well as non-fiction, junior fiction, historical fiction, speculative fiction and picture books. Her books are widely studied in schools and universities and are published internationally. Her most recent release, Strangers on Country, was co-authored with Dave Hartley and is shortlisted for the 2021 CBCA Book of the Year Awards. Kirsty is a director on the board of both the Australian Society of Authors and the Copyright Agency.

Ben Rice

Executive Officer at the Australian Digital Alliance

Ben Rice is a lawyer with a background in copyright, public policy and government affairs. He comes to the ADA having worked for Policy Australia as a lawyer and Eloquium as a policy advisor. He has extensive experience conducting research, providing advice, writing submissions in response to government consultations, engaging with stakeholders and monitoring developments in intellectual property, digital technologies and media law. Ben holds a Bachelor of Laws (Honours) from the University of Technology, Sydney and is completing a Masters in Public Policy (Economics) at the University of Sydney.

Andrew Stammer

Director at CSIRO Publishing

Andrew Stammer is Director of CSIRO Publishing. His publishing career began in 1989. He has worked in various roles including commissioning and marketing. He joined CSIRO Publishing in 1997 as Marketing Manager. He has also performed roles as Journals Publisher and Executive Manager for CSIRO’s Communications team. He has held the Director’s position since 2012.

Andrew has served on the Board of the International Association of STM Publishers since 2017. He is on the Board of Directors of the Australian Publishers Association (APA) and he is convenor of the Scholarly and Journals Committee for the APA.

 

Liz Stanton

Policy Director – Intellectual Property at Universities Australia and ADA Board Member

Liz is Policy Director, Copyright at Universities Australia. Liz has always had a keen interest in copyright both as a creator and as a user. Her undergraduate degree is in music composition from the Sydney Conservatorium of Music and her postgraduate degree is in intellectual property law from the University of Technology Sydney. Prior to joining Universities Australia Liz worked extensively in music licensing at APRA AMCOS, held roles in corporate marketing, worked on spectrum licensing at the ACMA and continued to maintain her work as a freelance composer and writer.

Robyn van Dyk

Head, Research Centre at the Australian War Memorial and ADA Board Member

Robyn van Dyk is Head of the Australian War Memorial’s Research Centre. Her work involves leading the development, management and preservation of the Memorial’s archival and published collections. Robyn is a strong advocate for copyright reform in the cultural sector delivering submissions to government, conference papers and published articles on the issues. Robyn has worked in collaboration with members of cultural institutions to achieve broader public access to national collections through finding solutions for orphan works and defining and explaining the use of the exception s 200AB. This work has played a significant role in delivering mass digitisation, crowd source projects, social media, exhibition, data creation, visualisation and linking. Robyn has played a role in lobbying for some of the recent hard won changes in the Act with the Copyright (Disabilities and Other Measures) Act passed 15 June 2017.

Robin Wright

Manager, Acquisitions, Records and Copyright at Swinburne University of Technology, Co-lead at Creative Commons Australia and ADA Board Member

Robin Wright is the Manager, Acquisitions, Records and Copyright at Swinburne University of Technology. She has worked at the intersection of copyright law and digital technologies in cultural and education policy and practice for over twenty years. In the 1990s at Cinemedia (now the Australian Centre for the Moving Image) Robin managed research that explored the potential for delivering educational video over the then emerging internet. More recently she worked as a Research Fellow at the Centre for Media & Communications Law at Melbourne Law School. She has made submissions to government on copyright law reform, spoken at national and international conferences on copyright and digital libraries and published on copyright exceptions and digitisation in cultural organisations. Robin has extensive experience in the statutory and commercial licensing of educational resources in the Australian Higher Education sector and the use of open educational resources. She was project leader for the Open Education Licensing research project that produced a toolkit to assist educators with the use and creation of open content. Robin has worked in cultural organisations in Australia and the UK and practiced as a solicitor in Victoria. She holds a BMus, MA and LLB (Hons).

Credits

Photo: ‘New York Public Library Lions Face Masks New York City COVID19’ 2020, Anthony Quintano. This version has been adapted. Original available on Flickr, flic.kr/22882274@N04/50096257092. Available for reuse under the terms of a Creative Commons Attribution 2.0 Generic licence.

Font: ‘Nunito Sans’ (2016), Jacques Le Bailly/The Nunito Project Authors. Font downloads available on Github, github.com/Fonthausen/NunitoSans. Web font available on Google Fonts, fonts.google.com/specimen/Nunito+Sans. Available for reuse under the terms of the SIL Open Font License, scripts.sil.org/OFL.