3 comments on “We are all fashionistas now

  1. Hi there, Trish from the ADA, curious about which interpretations of the law the lawyers found ‘interesting’. If you think there’s anything factually wrong please let us know what it is, we ran everything past several lawyers so I am quite curious! Thanks

    • Thanks for your comment, Trish. The reference was directed to a few aspects of the videos.

      One aspect was the two images relating to Julia Gallard: the first, referencing Lionel Shriver’s book ‘We Need to Talk About Kevin’, and the second a photoshopped image of Kevin Rudd’s face in Julia Gillard’s hair and clothing. The first is labeled ‘Legal: satirical, parody’ and the second ‘Illegal: funny’. Assuming fair dealing for parody or satire is the only defence available in each case (and it may not be), it is difficult to say so emphatically that one image is ‘legal’ and the other not. First, context is all (particularly for fair dealing and fair use). Second, Australian courts have yet to say what they regard as ‘parody’ and ‘satire’ (but see some useful guidance in the Copyright Council’s information sheet ‘Parodies, Satire & Jokes’, here under ‘P’).

      Another aspect was the circumstances in which use of other people’s content is a criminal offence (e.g. ‘Creativity is not a crime’; ‘copying a DVD onto your tablet is an offence’).

      The public policy issues raised by the Creationistas campaign should, of course, be debated. These include the extent of a content creator’s connection to their work for secondary or ‘downstream’ uses, what constitutes ‘harm’, the application of ‘moral rights‘, and the availability of ‘pre-licensed’ content (e.g. under Creative Commons licences) for mashing up.

  2. Pingback: We are all fashionistas now | Copyright news an...

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