‘Copyright holder’ is used in this article to refer to a non-creator third party that has acquired copyright, ‘copyright user’ is used to refer to any user of copyright material.
2.
‘Creator’ is used in this article to refer to independent, sole-trader members of the arts and creative communities.
3.
Licensing Act1662.
4.
Australia is yet to become a signatory to the WIPO Copyright Treaty.
5.
OberholzerFelixStrumpfColeman, The effect of file sharing on record sales: An empirical analysis (2004).
6.
Works in this sense includes literary, artistic, musical, dramatic works as well as sound recordings and audiovisual works that are not ‘works made for hire’.
7.
Eldred v Ashcroft (2003) 123 S.Ct. 769.
8.
There is no indication in the FTA of an intention to introduce the ‘works made for hire’ distinction into Australian copyright law.
9.
Intellectual Property and Competition Review Committee, Review of intellectual property legislation under the Competition Principles Agreement (2000).
10.
Ibid84.
11.
Allen Consulting Group, Copyright Term Extension: Australian Benefits and Costs (2003).
12.
Ibid36.
13.
Campbell v. Acuff-Rose Music (92-1292), 510 U.S. 569 (1994).
