Who Is the Crown for the Purposes of the Copyright Act 1968 (Cth)?

Abstract

Part VII of the Copyright Act 1968 (Cth) confers special privileges upon the Crown in relation to copyright law. This allows the Crown access to a range of rights and protections that are denied to other actors under the law. The topic has been the subject of some academic analysis, though no clarity has emerged from the discourse as to whom exactly the Pt VII scheme applies. This is no small matter as the range of government departments, bodies, entities and agents that could potentially avail themselves of Pt VII is quite extensive and could conceivably push the scheme beyond its intended sphere of operation. In this article, I argue for a limited reading of the Pt VII scheme and an amendment to curtail any use of it within the fields of trade or commerce. Show more