Professor Graeme Austin (cancelled)
from 05:30 PM to 08:00 PM
Graeme Austin is Professor of Law, Melbourne University; Chair of Private Law, Victoria University of Wellington.
We’re told again and again that there is no common law of copyright. But there is one area – copyright assignments - where the general common law has significant work to do. Section 196(3) of the Copyright Act 1968 (Cth.) provides that an assignment of copyright “does not have effect unless it is in writing signed by or on behalf of the assignor.” Yet in many contexts, courts effect a transfer of copyright in the absence of any writing that satisfies the disciplines of the section: equitable title arising out of a contractual framework; commissioning arrangements (sometimes themselves not satisfying the legislative conditions on transfer of ownership); remedial responses to fiduciary breaches. This seminar will survey these common law “glosses” from a number of jurisdictions, to assess the extent to whether, in this context, it really is as case of “just the statute”.
Professor Austin will deliver his presentation in Melbourne, with video link to Sydney.