Education and career
Fitzgerald studied arts at Griffith University and law at the Queensland University of Technology, graduating with first-class honours, and as University Medallist in Law, before going on to postgraduate study at the University of Oxford (BCL), Harvard University (LLM) and Griffith University (PhD). In 1998 he was named as QUT Law Faculty's Alumnus of the Year.
From 1998 to 2002, Fitzgerald was head of the School of Law and Justice at Southern Cross University, and from 2002 to 2007 he was head of the School of Law at QUT. Since March 2012 he has been the executive dean of law at the Australian Catholic University, based in Melbourne.
Fitzgerald is a chief investigator and program leader for law in the Australian Research Council Centre of Excellence on Creative Industries and Innovation. He is also the project leader of Creative Commons Australia and Peer to Patent Australia and is member of the Access to and Use of Public sector Information (auPSI) project. He was project leader for the Open Access to Knowledge Law (OAK Law) Project [1] studying legal protocols for open access for the Australian research sector, and for the Legal Framework for e-Research Project. [2]
His current projects include work on intellectual property issues across the areas of copyright, digital content and the internet, copyright and the creative industries in China, open content licensing and the Creative Commons, free and open source software, research use of patents, patent informatics administration licensing, Science Commons, e-research, licensing of digital entertainment and anti-circumvention law.
Professor Fitzgerald was a member of the Government 2.0 Taskforce set up by the Australian Government in 2009. This taskforce produced its report, "Engage: Getting on with Government 2.0", in December 2009.
Fitzgerald has been featured in The Sydney Morning Herald , [3] The Science Show, [4] and The Law Report [5] discussing copyright related legal issues.
A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow authors of creative works to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Content owners still maintain their copyright, but Creative Commons licenses give standard releases that replace the individual negotiations for specific rights between copyright owner (licensor) and licensee, that are necessary under an "all rights reserved" copyright management.
In mass communication, digital media is any communication media that operates in conjunction with various encoded machine-readable data formats. Digital content can be created, viewed, distributed, modified, listened to, and preserved on a digital electronic device, including digital data storage media and digital broadcasting. Digital is defined as any data represented by a series of digits, and media refers to methods of broadcasting or communicating this information. Together, digital media refers to mediums of digitized information broadcast through a screen and/or a speaker. This also includes text, audio, video, and graphics that are transmitted over the internet for viewing or listening to on the internet.
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.
Perpetual copyright, also known as indefinite copyright, is copyright that lasts indefinitely. Perpetual copyright arises either when a copyright has no finite term from outset, or when a copyright's original finite term is perpetually extended. The first of these two scenarios is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work.
Remix culture, also known as read-write culture, is a term describing a culture that allows and encourages the creation of derivative works by combining or editing existing materials. Remix cultures are permissive of efforts to improve upon, change, integrate, or otherwise remix the work of other creators. While combining elements has always been a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect. In reaction, Harvard law professor Lawrence Lessig, who considers remixing a desirable concept for human creativity, has worked since the early 2000s on a transfer of the remixing concept into the digital age. Lessig founded the Creative Commons in 2001, which released a variety of licenses as tools to promote remix culture, as remixing is legally hindered by the default exclusive copyright regime applied currently on intellectual property. The remix culture for cultural works is related to and inspired by the earlier Free and open-source software for software movement, which encourages the reuse and remixing of software works.
Web archiving is the process of collecting portions of the World Wide Web to ensure the information is preserved in an archive for future researchers, historians, and the public. Web archivists typically employ web crawlers for automated capture due to the massive size and amount of information on the Web. The largest web archiving organization based on a bulk crawling approach is the Wayback Machine, which strives to maintain an archive of the entire Web.
Jessica Litman is a leading intellectual property scholar. She has been ranked as one of the most-cited U.S. law professors in the field of intellectual property/cyberlaw.
Cyberethics is the philosophic study of ethics pertaining to computers, encompassing user behavior and what computers are programmed to do, and how this affects individuals and society. For years, various governments have enacted regulations while organizations have defined policies about cyberethics.
Free content, libre content, libre information, or free information is any kind of functional work, work of art, or other creative content that meets the definition of a free cultural work, meaning "works or expressions which can be freely studied, applied, copied and/or modified, by anyone, for any purpose."
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as author' rights or makerright.
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.
Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM), such as access control technologies, can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification and distribution of copyrighted works and of systems that enforce these policies within devices. DRM technologies include licensing agreements and encryption.
Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
The Cyberspace Law and Policy Centre was a research and social justice centre at the University of New South Wales Faculty of Law in Sydney, Australia. It provided a focus for research, public interest advocacy and education on issues of law and policy arising from digital transactions in cyberspace. It ceased to operate sometime after mid-2016.
Music piracy is the copying and distributing of recordings of a piece of music for which the rights owners did not give consent. In the contemporary legal environment, it is a form of copyright infringement, which may be either a civil wrong or a crime depending on jurisdiction. The late 20th and early 21st centuries saw much controversy over the ethics of redistributing media content, how much production and distribution companies in the media were losing, and the very scope of what ought to be considered piracy – and cases involving the piracy of music were among the most frequently discussed in the debate.
Copyright law of Indonesia is set out in the Copyright Act, namely, current, Act No. 28 of 2014. In law, the notion of copyright is "the exclusive rights for the creator or the recipient the right to publish or reproduce the creations or give permission for it by not reducing the restrictions according to the laws and regulations that apply".
The ARC Centre of Excellence for Creative Industries and Innovation (CCI) was an Australian research centre that undertook research in media studies, cultural studies, communication studies, law, education, economics, business technology, and information technology, related to the creative economy, between 2005 and 2013.
Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized software development model that encourages open collaboration. A main principle of open-source software development is peer production, with products such as source code, blueprints, and documentation freely available to the public. The open-source movement in software began as a response to the limitations of proprietary code. The model is used for projects such as in open-source appropriate technology, and open-source drug discovery.
