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ARTICLE · 03 FEBRUARY 2013

Achieving a copyright balance between access and ownership

Changes to the Copyright Act must ensure there is an incentive to create and disseminate original copyright material.

AustraliaIntellectual Property

Copyright law must strike a balance between allowing reasonable access to original works without shortchanging the copyright owners, an IP expert has said in the wake of internet activist Aaron Swartz's suicide.

A champion of open access and copyright reform, Swartz had been fighting a legal battle with the US government over illegally-downloaded copyrighted material for almost two years. News of the 26-year-old's death, which some reports have blamed on over-zealous prosecution by the US Department of Justice, has cast a spotlight on Australia's 45-year old copyright legislation.

Hamish Fraser, a partner at Truman Hoyle Lawyers, told Lawyers Weekly that changes to the Copyright Act, which is currently under review by the Australian Law Reform Commission (ALRC), must ensure there is an incentive to both create and disseminate original copyright material.

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