University of Hertfordshire

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The Copyright Clink Conundrum: Is Chan Nai-Ming the Modern Day Josef K.?

Research output: Contribution to journalArticle

  • Stuart Weinstein
  • Charles Wild
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Original languageEnglish
Number of pages8
Pages (from-to)285-293
JournalInternational Review of Law, Computers & Technology
Journal publication date1 Nov 2007
Volume21
Issue3
DOIs
Publication statusPublished - 1 Nov 2007

Abstract

A study of the plight of the unfortunate3 Mr Chan Nai-Ming of Hong Kong leads the authors to conclude that a by-product of the digital age is the increasing criminalisation of copyright law. Increasingly, there is a worldwide trend to impose criminal liability for copyright infringement. For instance, in Australia broad ranging amendments to the Copyright Act, which (in part) implement obligations under the Australia-US Free Trade Agreement (AUSFTA) were introduced into parliament on 19 October 2006.4 This is part of a growing trend that originated in the United States with the introduction of harsh criminal laws to prohibit the infringement of copyrighted works to prevent piracy.5 However, according to the Law Society's intellectual property working group an EU directive intended to target organized crime could see innocent victims face criminal proceedings for intellectual property infringement.6 Significantly, it would appear that few have considered the absurd 'full-on' ramifications of this attempt to impose criminal sanctions on those who commit minor infringements of copyrighted works.

ID: 9473249