标题：What is a `Substantial Part'?: Digital samples: cut- and-pasting and section 14 of the Australian Copyright Act 1968, Anna Thuc-Anh Tran
期刊名称：Digital Technology Law Journal
印刷版ISSN：1442-3197
出版年度：1999
卷号：1
期号：1
出版社：Asia Pacific Intellectual Property Law Institute
摘要：This article attempts to critique prevailing judicial formulations of the `substantial part' requirement in section 14 of the Australian Copyright Act 1968, an oft-litigated but rarely resolved point of law in copyright infringement. The author argues that, given the predominance of ad hoc judicial analysis, the issue of substantiality is often either conveniently disregarded, or formalistically abstracted for the purpose of justifying copyright protection on proprietary grounds. This is done invariably at the expense of tackling policy issues which may be highly relevant if not contentious. The article explores the potential impact of this on Australian artists and musicians wishing to challenge legal and artistic norms through their work using digital technology. By hypothetically applying the existing legal framework to digital sampling (of music and images), the author suggests that what results is contrary to the public policy of encouraging the creation and dissemination of new works. The article closes with a proposal for legislative change
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