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Abstract This article explores how profound technological developments in photography have problematised concepts of the photograph, authorship, and originality in Australian copyright law. These developments have resulted in highly automated [...]

CONTENTS I Introduction II Relevant Statutory Provisions A The Moral Right of Integrity and Its Post-Mortem Reach B Remedies Include Damages III The Purpose of Posthumous Moral Rights A Background [...], This article considers whether damages may be awarded for the posthumous breach of an author's moral right of integrity, which endures for 70 years post-mortem and, in many common law countries, protects authors against certain conduct in respect of a work which is prejudicial to their honour or reputation. While remedies for infringement ostensibly include damages, this article interrogates whether death defeats the moral right by denying significant damages due to a number of obstacles, principally the apparent conundrum that the dead cannot suffer loss. Has Parliament legislated a puzzle by giving the dead rights that are practically ineffectual? The problem is significant because non-nominal damages mark and deter wrongs, justify the expense and risk of litigation, and support the role of posthumous moral rights and remedies in protecting the public's interest in cultural heritage. The article explains the impediments to posthumous damages awards and advocates reform to facilitate them and enhance the efficacy of post-mortem moral rights.

I INTRODUCTION The right to published editions was first introduced into Australian copyright law in 1968, and 2018 marked the 50th anniversary. Under the current Copyright Act 1968 (Cth) ('Copyright [...], The right to published editions was introduced in the Copyright Act 1968 (Cth) in order to prevent the unfair copying of typographical layouts of published editions of books in the public domain. The initial rationale, its actual effectiveness, and its relevance today has attracted very little attention among commentators. Historical analysis shows that the right was introduced into Australian copyright law without much discussion or engagement. Even today it is difficult to find evidence that there was ever an actual need for a right of this nature in Australia, or that it has had any positive effects on the local publishing industry since. This article demonstrates that despite its original intention, some industries today have moved to exploit the right by reinterpreting it to protect their own financial interests. This article concludes with some lessons that could be learned from the history of published edition copyright in the context of current copyright policy discussions--particularly in relation to the newly proposed rights for news publishers.