Comments

This paper was published in SCRIPT-ed, March 2007, vol. 4(1), pp. 38-58. This paper may also be referenced as [2007] UNSWLRS 51.

Abstract

Given the significant increase in Australian public rights licences over the last five years, questions must be asked as to how these licences can be further simplified to increase both usage and ease of use. While a number of public rights licences are available in several formats, many are long in length and contain tricky legal jargon that may deter potential users. Simplification must be considered from the perspective of both potential licensors and potential licensees. I suggest in this paper that this could occur through the drafting of two formats for licences: a longer version for potential licensors and a short version for licensees, both adopting simple language and avoiding complex legal terminology. Further, we must also consider whether consistency between licences is an important factor, with three questions requiring evaluation: whether consistency is needed, whether consistency is feasible, and whether consistency should be addressed on both a national and/or international front. I conclude that while consistency is both needed and feasible on a national level, differing ideologies between licensing bodies may prevent consistency being achieved on an international level.

Disciplines

Intellectual Property

Date of this Version

July 2007


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