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Copying isn’t just about "remix" and "infringement" — it’s part of making art and culture. Over 200 artists recently petitioned a US court to preserve their ability to build on the past. Yet Australian copyright law does little to acknowledge this, meaning that copying without explicit permission, even as part of ordinary creative practice, will usually be illegal. The question is, does this matter and if so how, why and for whom?
Featuring legal experts, platform representatives, and creators who navigate these issues themselves, this panel is for anyone who copies for art, or wants to. It aims to look at the realities of copying as part of creation in Australia.
Can or should you ever copy without permission? Are you likely to be challenged? What options do you have if you are? Most importantly, what impact does the law have on creative practice?
Professor Patricia Aufderheide
University Professor, School of Communication, American University and Fulbright Scholar 2017
Patricia Aufderheide is a 2017 Fulbright Scholar at Queensland University of Technology, and University Professor in the School of Communication at American University in Washington, D.C. The founder of the Center for Media & Social Impact, she is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007). She has previously been a John Simon Guggenheim fellow, has served as a juror at the Sundance Film Festival and has received numerous journalism and scholarly awards, including a career achievement award in 2008 from the International Digital Media and Arts Association, the Woman of Vision Award from Women in Film and Video (DC) in 2010, and the Documentary award from the University Film and Video Association in 2015. Aufderheide serves on the board of directors of the Independent Television Service, which produces innovative television programming for underserved audiences. She served on the board of directors of Kartemquin Films, a leading independent social documentary production company, and on the film advisory board of the National Gallery of Art. She is on the editorial board of a variety of publications, including Communication Law and Policy and In These Times newspaper. She received her Ph.D. in history from the University of Minnesota.
Filmmaker, writer, producer, Secession/Films
Andrew is a filmmaker, creative producer, musician and writer with a history in community media and pre-internet computer networks. His work spans the genres of non-fiction film-making, short-format documentary, non-linear radio documentary drama, projected video and sound installations. In recent years Andrew has collaborated on short films and sound works with the last forest communities of Borneo (Sarawak Gone http://www.sarawakgone.cc/), an extensive media arts project with young people from refugee backgrounds (Bamiyarra http://bamiyarra.agarton.org) and bush fire affected communities (Forged from Fire http://secessionfilms.com/films/forged-from-fire/).
Andrew co-founded the online media arts collective, Toy Satellite, creating unique and collaborative works for festivals, broadcasters and cultural institutions across Asia, Europe and Australia. He was the inaugural Program Director for Open Channel, Producer and Operations Manager for EngageMedia (http://engagemedia.org) and had been a long-term board member of the international Association for Progressive Communications (http://apc.org).
Andrew is presently working on the feature documentaries Ocean in a Drop (http://secessionfilms.com/films/ocean-in-a-drop/) in association with the Dehli based Digital Empowerment Foundation and Forged from Fire (http://secessionfilms.com/films/forged-from-fire/) in collaboration with bush fire affected communities in north east of Melbourne.
Dr Kylie Pappalardo
Intellectual Property and Innovation Law Research Program, Queensland University of Technology
Dr Kylie Pappalardo researches in intellectual property and innovation law, focusing primarily on the intersection between copyright and creativity and the rights of copyright users. She is a Lecturer in the Law School at the Queensland University of Technology (QUT) in Brisbane, Australia, where she leads the research program on copyright law and creative communities. Kylie’s PhD thesis explored the regulation of ISPs and other internet intermediaries for online copyright infringement. She holds degrees in law and creative writing from QUT and a Masters of Law from Georgetown University in Washington D.C. Kylie has been a senior researcher with the Open Access to Knowledge (OAK) Law Project and with Creative Commons Australia. She has also worked with the Arts Law Centre of Queensland and served on the board of Youth Arts Queensland.
Historian, video producer, satirist, The Juice Media
Giordano graduated with a PhD from the University of Melbourne and subsequently sought to combine academic methodology and creative approaches in order to engage with a broader audience outside academia, across various media - from Internet to theatre and print. He currently makes satirical online videos on current affairs via his channel, The Juice Media, best known for the series Juice Rap News (co-created with rapper Hugo Farrant) - a satirical YouTube News bulletin delivered via rap, music and comedy, whose anarchic take on world events has earned an audience across the world by covering topics such as US imperialism, Australian politics, Internet culture, colonialism and Indigenous struggles, state surveillance, climate change, and many others. Giordano co-wrote the acclaimed verbatim play Coranderrk (with Yorta Yorta playwright Andrea James) which will be touring Australia nationally in 2017; and has published two books: "The Colonisation of time: Ritual, Routine & Resistance in the British Empire" (Manchester University Press) and "Coranderrk: We Will Show The Country" (Aboriginal Studies Press).
Public Policy and Government Relations Counsel at Google Australia
Michael is a Public Policy and Government Relations Counsel at Google Australia. Prior to joining Google, Michael worked as Senior Lawyer specialising in intellectual property at Gilbert + Tobin Lawyers. Michael has also worked in Federal politics, including as a senior adviser to Prime Minister Kevin Rudd and as an adviser to Senator John Faulkner.