Can You Transfer Copyright Ownership? Answer: Yes.

Like any other property, any or all of the copyright owner's exclusive rights may be transferred. However, the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner or the owner's lawyer or authorized agent. Transfer of rights on a nonexclusive basis does not require a written agreement. A copyright can also be bequeathed by will. Question 2 Jill writes a book and transfers the copyright to a publishing company as part of the publishing contract.what moral rights does the company have now in relation to jills book? A copyright is a personal property right, and is subject to the same state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as legal contracts or terms business. Check your relevant state laws and/or consult an attorney. Most often transfers of copyright are made by contract. The Copyright Office does provide any forms for transfer contracts, you have to provide your own. However, you can make a record the transfer of copyright ownership in the Copyright Office. Copyright owners have a number of exclusive rights, including:

the right to publish their work the right to reproduce their work (for example, by copying or scanning)

the right to communicate their work to the public (for example, by making it available online, by emailing it or by faxing it)

Who owns the copyright in my published work?

you as the author? joint authors? the publisher? the University? a third party (eg. a diagram used with permission)

What are the terms of my agreement with my publisher? When you submit your work to a publisher, you will be asked to sign a publication agreement. Copyright transfer agreements vary from publisher to publisher. Read this agreement carefully. If the Agreement asks you to transfer your copyright to the publisher, you should make sure you understand what this means. If the transfer agreement is not qualified in any way, it will mean that only the publisher will be able to reproduce, publish, communicate, perform or adapt your work, thus preventing you from re-using or distributing your work without Publisher permission. Assigning copyright, on an unconditional basis, to a journal publisher means:

You may not be allowed to post a copy on your own web-page or deposit a copy in your institution's eprint repository.

You may have to ask permission, and perhaps even pay a royalty, to distribute copies to your classes or include your own work in a course pack.

Only subscribers to the journal (individually, institutionally or via a fulltext database license) will be able to read your work. This can seriously restrict research impact and progress.

Retaining your rights A Publisher requires only your permission to publish your paper, not the wholesale transfer of your rights as author. Therefore, before you sign, scrutinize your Agreement and consider:

the rights you want to retain the ways you want to use and develop your own work without restriction

how to increase access to your work for educational and research purposes

your right to be properly attributed when your work is used

your right to deposit your work in an online archive or repository

your Publishers right for a non-exclusive to publish and distribute your work for a financial return

your Publishers right to be properly attributed and cited your Publishers right to migrate your work to future formats and include it in collections

The fair dealing exceptions to infringement-involves only using a reasonable amt of the copy right material for the purpose of research or study ;( s.40) criticism or review ;( s.41) parody or satire ;( s.41A) reporting news (s.42)

The question is what amt of a copyrighted material is deemed as reasonable.Federal Court stated that whether a dealing is fair or not is to be judged by the criterion of a fair minded and honest person. Fair dealing for research or study Use of copyright material for the purpose of research or study will not infringe copyright, provided the use is fair. Fair dealing for criticism or review People can use copyright material for the purpose of criticism or review without infringing copyright, provided they Acknowledge the author and title of the work, and provided the dealing is fair. The criticism or review may relate to The work being used or to other material. For example, television film reviewers may show clips from other films as Well as the one they are reviewing, in making their criticism or review. Fair dealing for parody or satire The use of copyright material for parody or satire must be fair. It is unclear how courts will assess fairness when it comes to this new exception. However, factors such as the following could be relevant: how much of the copyright material is used; the context in which the parody or satire is used; and whether or not the copyright owner generally licenses such uses. Fair dealing for reporting news Copyright material may be used in reporting news in a newspaper, magazine or similar periodical, or in a film, or by means of a broadcast. The author and title of the work must be acknowledged. However, music in news reports is not covered by this provision, unless the playing of the music is part of the news being reported.

Part VC of the TPA (S.53) 1. S.75AZC(1)(b)or s.53(aa) prohibits misrepresentations on the particular, standard, quality, value or grades of goods or services. for e.g. a service that claims to be a govt service but is not is fraudulent misrepresentation and can impose a criminal liability. 2. S.75AZC(1)(c) or s.53(b) also makes it a criminal offence to say that something is new when it is not. what classifies as new is the dilemma. For e.g. a general guide suggests that goods are relatively new till the time that they are 6months old since what classifies as new now may not classify as new in the future 3. S.75AZC(1)(e) prohibits misrepresentations on the basis that goods/services are sponsored by an established company, or have approval from say the heart institute, or have high performance characteristics, accessories or benefits which in reality they do not have. If any characteristic of a product/service is not true it is a breach of S.75AZC(1)(e). Example is the case of Hutchhence(trading as INXS) v south sea bubble co pty ltd see notes for facts on the case Note that it is a breach of S75AZC(1)(f) if a corporation claims that it is affiliated has approval or is sponsored by an organization when it is not.This is similar to S.75AZC(1)(e) but the only thing is that the prior is associaed with the product and not the cooperation 4.S.75AZC(1)(g) prohibits misrepresentation concerning the prices of goods and services due to the sensitivity of customers to price reductions & discounts.Special care must be taken so that the reductions in prices reflect the truth for eg to advertise goods for $10 without indicating that GST is not included is misleading. See the case of sest v copperart pty ltd(1989)-in this case the retailer claimed that all the price where 50% of the retail price. When in reality this was not the case as the price reductions were based on a factious retail price that the goods had never been sold at. This sort of advertising was intended to induce customers to buy the products since they would think they are getting a good deal. The retailer was fined $90,000 while the director who had put this sales tactics in place was fined $14,500-pg 345 of text 5. s.75AZC(1)(i) prohibits misrepresentations on the origins of goods 6. S.75AZH prohibits misrepresentations in relation to the nature of the goods for e.g. stating that a product is hand-made when it is not is misleading conduct. This section also prevents misrepresentations to the quantity of goods available e.g. stating that the goods are in plentiful supply when they are not is a misrepresentation or statements saying that there is a reasonable amt of stock hen there is not is misrepresentation. 7. S.75AZI prohibits misrepresentation in relation to services provided.Eg in the case of Doherty v Traveland pty ltd(1982) they continued to advertize in their brochure 13days holiday in reality when the trip had been reduced to 11days. Question What is the consequence of breaching S.VC of the TPA

A person who is an assessory to the breach of S.52 of the TPA may be ordered to pay damages .Under s.82 a person who is an assessory to the contravention of part VC of the TPA may be fined and ordered to pay damages under S.79. Who is an assessory-An assessory is anyone that is aiding,abetting ,procuring,counselling and inducing or attempting to induce or knowingly engages in the breach of S.75 and 79 of the TPA. Note that a person will only be liable as an assessory if the person knew that the advertising was false and still engaged in that conduct or was reckless to the truth.Thus a marketing mgr ho engages in deceptive advertising will be in breach of part VC of the TPA Example is the case of yorke v lucas(1985) see pg 349 of tb Facts: Lucas the managing director of a company which licensed land gave a wrong figure of turnover for the land to be $3500.This was not correct. Lucas had got this info from his client the seller and had no reason to suspect that the info provided to him was incorrect. Buyer sued under s.52 of the TPA . The court held that since Lucas was not aware of the misrepresentations and not involved intentionally in any misleading or deceptive conduct he was not liable. TPA-S. 52(1) of the Trade Practices Act provides that 'a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive'. The Fair Trading legislation of each of the States and Territories contains a similar prohibition which is applicable to persons. The test of what is misleading or deceptive is objective, and liability can exist even where a person acts honestly and with reasonable care. A contravention of section 52 is not an offence, but gives rise to a number of civil sanctions. Under section 80 of the Trade Practices Act, a statutory injunction lies against conduct in breach. Section 82 provides for the recovery of loss or damage caused by the conduct, while section 87 gives the court wide discretionary powers to make other orders. These orders may be sought against the person who contravened section 52 (necessarily a person within the extended meaning of `corporation` in the Trade Practices Act) or a person who was involved in that contravention (under section 75B this includes persons who aid or abet a contravention or are knowingly concerned in a contravention). Damages are assessed in the same manner as for damages in tort for breach of a statutory duty. Actions for contravening the equivalent provisions in the State or Territory Fair Trading legislation may be brought against a natural person.