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A Fair Future for Copyright

ADA Copyright Forum 2023

  • Friday 17 February 2023
  • National Library of Australia
  • Register on Humanitix
  • Join the conversation: #ADAForum

A decade on from the Copyright and the Digital Economy report how far have we come and how far do we still have to go for copyright reform?

Nearly a decade has passed since the release of the Australian Law Reform Commission’s report on Copyright and the Digital Economy, how far have we come? And how far do we still have to go to achieve fair and flexible copyright exceptions to aid creativity, innovation and research?

This year’s ADA Copyright Forum will focus on the proposed Access Reforms set against the backdrop of key considerations including rapid technological advancements in AI, creators as users, and the importance of Indigenous Cultural Intellectual Property (ICIP).

The Australian Digital Alliance Copyright Forum is the peak event for discussion of pragmatic, creative copyright reform options that seek to ensure balance in copyright for the public interest. With a range of speakers and panels, the Forum is a must for anyone interested in the present and future of copyright in Australia.

 

Satellite events

In the lead up to this year’s forum we will be running a series of online satellite events exploring other copyright topics from international and local speakers. The satellite events are:

 

NLA Library Bookshop discount

Show your lanyard in the bookshop during the conference to receive 10% off your purchase.

No further discounts apply. Offer does not include limited edition prints, discounted and remaindered stock, newspapers, stamps, copy cards, magazines and vouchers. 

Offer valid Friday 17 February 2023.

 

Social Media

Join the conversation using the event hashtag: #ADAForum

Program

Wednesday 8 February

6–7 pm AEDT

Benefits of Open GLAM

Webinar
Free
More information about this session
Registration required

 

Dr Andrea Wallace
Associate Professor in Law and Technology, University of Exeter

Douglas McCarthy
Collections Engagement Manager, Europeana

Thursday 9 February

6–7 pm AEDT

Recent Developments in Open Access in Australasia

Webinar
Free
More information about this session
Registration required

 

Dr Ginny Barbour
Director of Open Access Australasia

Emeritus Professor Tom Cochrane
Adjunct Professor, Faculty of Law, Queensland University of Technology

Monday 13 February

6–7 pm AEDT

Making the most of fair dealing

Webinar
Free
More information about this session
Registration required

 

Dr Emily Hudson
Professor of Law, King’s College London

Thursday 16 February

6–7 pm

Australian National University (ANU)/The Canberra Times Author Series: In conversation with Rebecca Giblin and Cory Doctorow

In-person
Free
More information about this session
Registration required
Cultural Centre, The Australian National University, 153 University Avenue, Canberra View map

 

Prof Rebecca Giblin and Cory Doctorow will be in conversation with Andrew Leigh on their new book, Chokepoint Capitalism, which documents how big tech and big content have captured creative labour markets and how we can win them back.

7–8:30 pm

Welcome drinks

Registration required
Parlour, 16 Kendall Lane, Acton View map

Friday 17 February

8:20 am

Open

Valid paid registration is required
NLA Theatre, National Library of Australia, Parkes Place, Canberra View map

8:30 am

Registration

Outside NLA Theatre

9 am

Welcome to Country

NLA Theatre

 

Tina Brown
Ngunnawal Elder

9:05 am

Welcome & opening

NLA Theatre

 

Derek Whitehead OAM
Chairman of the Board, Australian Digital Alliance

9:20 am

Video address

NLA Theatre

 

The Hon Mark Dreyfus KC MP
Attorney-General and Member for Isaacs
(pre-recorded video)

9:35 am

Keynote address

NLA Theatre

 

Artists, audiences and libraries are class allies: Together, they can unrig creative labour markets and get writers paid
Prof Rebecca Giblin

ARC Future Fellow and Professor, Melbourne Law School and Director, Intellectual Property Research Institute of Australia

Cory Doctorow
Writer and activist

10:50 am

Morning tea

NLA Foyer

11:10 am

Panel – Emerging technology & copyright

NLA Theatre

 

International perspectives on controlled digital lending (CDL) (presenting via video conferencing)
Michael Wolfe
Advocate for public interest minded copyright law and policy

Findings from the Developments in Web3 for the Creative Industries report (presenting via video conferencing)
Prof Ellie Rennie
ARC Future Fellow, RMIT Blockchain Innovation Hub, Digital Ethnography Research Centre and ARC Centre of Excellence for Automated Decision-Making and Society

Copyright & AI
Dr Rita Matulionyte
Senior Researcher and Researcher in Law, Macquarie University

 

Chair:
Elliott Bledsoe
Copyright Officer, Australian Digital Alliance

12:30 pm

Lunch

NLA Foyer

1:30 pm

Panel – Indigenous Cultural Intellectual Property

NLA Theatre

 

Indigenous stewardship and custodianship of materials held in the archives
Dr Kirsten Thorpe (Worimi, Port Stephens)
Senior Researcher, Jumbunna Institute for Indigenous Education & Research, University of Technology, Sydney

ICIP legislation consultation update
Anika Valenti
Senior Associate, Terri Janke and Company

Moving beyond the copyright legacies: the work that institutions can do to support Indigenous Knowledge ownership
Rose Barrowcliffe (Butchulla)
Post-doctoral Research Fellow, Macquarie University and Queensland State Archives First Nations Advisor

 

Chair:
Sarah Powell
Executive Officer, Australian Digital Alliance

2:45 pm

Afternoon tea

NLA Foyer

3:15 pm

Panel – Perspectives on fair copyright solutions

NLA Theatre

 

Models for fair copyright solutions
Cory Doctorow
Writer and activist

Implementing the EU’s mandatory copyright reversion mechanism in Ireland and Malta: Lessons for Australia and other common law jurisdictions
Dr Joshua Yuvaraj
Senior Lecturer, Auckland Law School, University of Auckland

Rethinking lending rights
Daniel Gilbert
PhD candidate, Monash University

 

Chair:
Prof Rebecca Giblin
ARC Future Fellow and Professor, Melbourne Law School and Director, Intellectual Property Research Institute of Australia

4:30 pm

Closing remarks

NLA Theatre

 

Derek Whitehead OAM
Chairman of the Board, Australian Digital Alliance

4:45 pm

Close

Speakers

Local and international experts will provide their insights into copyright reform in Australia. More speakers will be announced soon.

Dr Ginny Barbour

Director, Open Access Australasia

Prof Virginia (Ginny) Barbour is the Editor-in-Chief of the Medical Journal of Australia and Director of Open Access Australasia. She is an Adjunct Professor at Queensland University of Technology (QUT) and was previously co-lead of the Office for Scholarly Communication at QUT.

She trained in the UK in medicine at Cambridge University and University College and Middlesex Hospital medical schools, specialising in haematology. She went on to do a DPhil at Oxford University and post-doctoral research in the US on globin gene regulation.

She joined The Lancet in 1999, leaving in 2004 to be one of the three founding editors of PLOS Medicine. In 2015 she joined Open Access Australasia (previously the Australian Open Access
Strategy Group) and has led its growth from nine university members to 22 university members and 6 affiliate organisations.

She has been involved in many international open access, innovative scholarly communication and publication and research integrity initiatives. She was involved in the final drafting of the UNESCO Open Science Recommendation in 2021. She was previously Chair of the Committee on Publication Ethics (COPE). She is currently Vice-Chair of the Declaration on Research Assessment (DORA) Steering Committee, a Plan S Ambassador, a member of Confederation of Open Access Repositories (COAR)’s Executive Board and a member of the Australian NHMRC’s Research Quality Steering Committee. She was an editorial advisor to medRxiv in the first two years of the COVID-19 pandemic.

Rose Barrowcliffe

Post-doctoral Research Fellow, Macquarie University and Queensland State Archives First Nations Advisor

Rose Barrowcliffe is Butchulla and a post-doctoral research fellow at Macquarie University. Rose’s research examines the representation of Aboriginal and Torres Strait Islander people in archives. In 2021, Rose was appointed the inaugural First Nations Archives Advisor to the Queensland State Archives (QSA). This appointment coincided with the Queensland Government’s Path to Treaty. Rose’s work is helping to guide QSA to promote the use of records for Indigenous self-determination to support the Treaty process and beyond. In addition to this, Rose is an active member of the Indigenous Archives Collective (IAC). Recognition for Rose’s writing includes the 2020 Mander Jones award and the 2021 Sigrid McCausland Emerging Writer’s Award.

Emeritus Prof Tom Cochrane

Adjunct Professor, Faculty of Law, Queensland University of Technology and Director, Education, Australian Digital Alliance

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.

Cory Doctorow

Writer and activist

Cory is an award-winning science fiction author, activist and journalist. He is a proponent of Creative Commons and has released many of his books under a CC licence. His work explores themes related to digital rights management, file sharing, and post-scarcity economics.

Prof Rebecca Giblin

ARC Future Fellow and Professor, Melbourne Law School and Director, Intellectual Property Research Institute of Australia

Rebecca Giblin (she/her) is an ARC Future Fellow and Professor at Melbourne Law School, and the Director of the Intellectual Property Research Institute of Australia. Rebecca leads the Author’s Interest Project, the e-lending project and is the Director of Untapped: the Australian Literary Heritage Project.

Daniel Gilbert

PhD Candidate, Monash University

Dan Gilbert is a PhD Candidate at Monash University. He is interested in the relationship between law and creative practice, and the impacts and opportunities that arise from different models of remuneration and access in the digital environment. His current research focuses on the potential of libraries to facilitate a new balance between access for readers and payments for authors.

Prof Emily Hudson

Professor of Law, King's College London

Professor Emily Hudson is Professor of Law at the Dickson Poon School of Law, King’s College London. 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 has a particular research interest in copyright law, and for many years has undertaken work on the copyright experiences of cultural and educational institutions, this work being showcased in her book, Drafting Copyright Exceptions: From the Law in Books to the Law in Action (CUP, 2020). Some of Emily’s recent research projects have related to fair dealing and online teaching, quotation norms in the publishing industry, copyright and open access, and controlled digital lending (CDL).

Douglas McCarthy

Collections Engagement Manager, Europeana

An art historian by academic training, Douglas McCarthy (@CultureDoug) has worked internationally in GLAM for over twenty years. He is a passionate advocate for open access to cultural heritage and his areas of expertise include digital collections management, copyright and licensing. Currently at Europeana, Douglas leads a team working with international museum and educational partners to showcase their collections and engage online audiences with cultural heritage and digital storytelling.

Douglas is also an independent researcher and author in the field of open access to cultural heritage. Since 2018, he has led an international survey of open access policy and practice in the GLAM sector with Dr Andrea Wallace. Douglas is also the Editor of the Medium publication Open GLAM that shares insights into open access and cultural heritage from a global perspective.

Dr Rita Matulionyte

Senior Lecturer and Researcher in Law, Macquarie University

Dr Rita Matulionyte is an academic at Macquarie University Law School and an affiliate at the ARC Centre of Excellence for Automated Decision-Making and Society (ADM+S). She is an international expert in intellectual property (copyright) and technology law, with her most recent research focusing on legal and governance issues surrounding Artificial Intelligence (AI) technologies. She currently leads projects on AI and IP law, Government Use of Face Recognition Technologies and on Transparent and Explainable Artificial Intelligence Technologies. Rita has over 50 research papers published by leading international publishers and she has been invited to present her research in conferences in Europe, Asia and Australia. She is a national correspondent on the Journal of Intellectual Property, Information Technology and E-commerce (JIPITEC) and is a regular contributor to Kluwer Copyright Blog, an internationally leading blog on copyright law. Rita has co-authored commissioned reports for the European Patent Office, the governments of South Korea and Lithuania. She is currently leading an Emerging Tech workstream at the Australasian Society for Computers and Law (AUSCL), an Explainable AI Research Stream at the Centre of Applied AI at Macquarie University and is a member of Australian Alliance of AI in Healthcare.

Prof Ellie Rennie

ARC Future Fellow, RMIT Blockchain Innovation Hub, Digital Ethnography Research Centre and ARC Centre of Excellence for Automated Decision-Making and Society

Ellie Rennie is a Professor at RMIT University. Her current research is looking at the social outcomes of blockchain technology using ethnographic research methods. She is also part of Metagov, an international network of scholars who are developing datasets on blockchain governance. Ellie is an ARC Future Fellow, working across RMIT’s Blockchain Innovation Hub, the Digital Ethnography Research Centre, and the ARC Centre of Excellence for Automated Decision-Making and Society. Prior to commencing her Future Fellowship, Ellie’s research was focused on the topic of digital inclusion. She has written or co-authored five books, the most recent being Wi-Fi (Polity).

Dr Kristen Thorpe

Senior Researcher, Jumbunna Institute for Indigenous Education & Research, University of Technology, Sydney

Dr Kirsten Thorpe (Worimi, Port Stephens) is a Senior Researcher at Jumbunna Institute for Indigenous Education & Research, University of Technology, Sydney (UTS). Kirsten leads the Indigenous Archives and Data Stewardship Hub, which advocates for Indigenous rights in archives and data and develops research and engagement in relation to refiguring libraries and archives to support the culturally appropriate ownership, management and ongoing preservation of Indigenous knowledges. Kirsten has broad interests in research and engagement with Indigenous protocols and decolonising practices in the library and archive fields, and the broader GLAM sector. Kirsten advocates for the ‘right of reply’ to records and capacity building and support for the development of Living Indigenous Archives on Country. Kirsten’s thesis titled “Unclasping the White Hand: Reclaiming and Refiguring the Archives to Support Indigenous Wellbeing and Sovereignty” explored Indigenous self-determination and sovereignty over the management of Indigenous knowledges, with a particular focus on engagement with archives. Kirsten has extensive experience working in major collecting institutions across public libraries and archives to support Indigenous engagement and priorities. Kirsten was previously the Manager, Indigenous Services at the State Library of NSW where she led the development of strategies supporting state-wide information services for Indigenous people. This included support for Indigenous priorities and cultural competency across NSW Public Libraries, the launch of the Library’s first Indigenous Collecting Strategy, and projects that supported the documentation, return and revitalisation of Indigenous Australian languages through archival sources. Kirsten is an invited member of the International Council on Archives Expert Group on Indigenous Matters and a co-founder of the Indigenous Archives Collective.

Anika Valenti

Senior Associate, Terri Janke and Company

Anika is a Senior Associate at Terri Janke & Company and has a wealth of experience providing advice to clients on matters relating to business, commercial law and Indigenous Cultural Intellectual Property among other areas. Anika has developed best practice cultural protocols for organisations across Australia, including The Keeping Place GIS platform, AgriFutures Australia, the Museum of Applied Arts and Sciences, the National Library of Australia and the University of Western Australia.

In 2018 Anika travelled extensively around Australia providing educational training to Indigenous creatives and businesses concerning their business ventures, IP and ICIP, and branding, including arts, entertainment, tourism, catering, bush foods, cosmetics, construction and pastoral businesses and Prescribed Bodies Corporate, Aboriginal Corporations and Indigenous entrepreneurs.

Anika has been a member of a variety of organisations and working groups including the Ashfield Council Arts & Culture Advisory Group, Communications and Media Law Association Young Lawyers Committee, Hearts for Arts Law and the Law Society of NSW Young Lawyers Communications, Entertainment and Technology Committee. Anika was the Senior Associate of the Year (Australian Law Awards) in 2022.

Dr Andrea Wallace

Associate Professor in Law and Technology, University of Exeter

An artist and lawyer by academic training, Dr Andrea Wallace (@AndeeWallace) is an Associate Professor in Law and Technology at the University of Exeter. Andrea is also co-director of the GLAM-E Lab and Deputy Director of the Centre for Science Culture and the Law at Exeter (SCuLE). Her research focuses on the intersections of art and cultural heritage law with the digital realm and digital heritage management. Her wider interdisciplinary interests consider the impact of digital technologies on the presentation, interpretation, and dissemination of cultural heritage and data. She frequently writes and presents on open culture and the impact of new rights claimed over digital surrogates of public domain works.

Mike Wolfe

Advocate for public interest minded copyright law and policy

Mike Wolfe is a career advocate for public interest minded copyright law and policy, most recently with Tohatoha Aotearoa Commons. He has advocated for broad access to knowledge and culture for the Authors Alliance and at the University of California. Mike is licensed as a lawyer in the United States, has taught copyright law at Duke University, and maintains a U.S. law practice from his home in Marlborough, New Zealand.

Dr Joshua Yuvaraj

Senior Lecturer, Auckland Law School, University of Auckland

Dr Joshua Yuvaraj is a Senior Lecturer at the Auckland Law School, University of Auckland (New Zealand). He completed his PhD at Monash University in 2021 as part of the Author’s Interest Project. His co-authored work has been published in prestigious publications like the Melbourne University Law Review and the Journal of Empirical Legal Studies. Joshua’s current research interests include copyright policy and law and technology. He teaches contract law in the LLB program at the Auckland Law School.

Credits

Cory Doctorow headshot: Photo by Jonathan Worth.

Prof Rebecca Giblin headshot: Photo by Ivanna Oksenyuk.

Douglas McCarthy headshot: Photo by Andrea Wallace. This version has been adapted. Available for reuse under the terms of a Creative Commons Attribution 4.0 Generic licence, creativecommons.org/licenses/by/4.0.

Anika Valenti headshot: Photo by Jamie James, 2022.

Image and banner background: ‘Mitchell River, Australia’ 2022, Monja Šebela/Sentinel Hub. This version has been adapted. Original available on Flickr, flic.kr/sentinelhub/51895202769. Available for reuse under the terms of a Creative Commons Attribution 2.0 Generic licence, creativecommons.org/licenses/by/2.0.

Font on banner: ‘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.