The aim of this research is to explore the constitutional limits that may apply to the intellectual property power contained in s 51(xviii) of the Australian Constitution. There is ongoing uncertainty over the intersection between Constitutional law and intellectual property due to the dearth of High Court authority on the scope of the power and only sporadic consideration of this issue in refereed law journals. This is a very timely issue as Australia has recently seen both blogs and vodcasts, dealing with matters of public interest and government, challenged on the basis that they infringed copyright. Whilst on neither occasion did the parties end up in court, the challenges underlined the power of copyright owners to undermine free speech. Accordingly, this project will consider the limits of the intellectual property power and how copyright laws can promote free speech in accordance with the implied constitutional freedom of political communication.
The research will provide the basis for better understanding the permissible scope of intellectual property regulation in Australia. It is also hoped that the research will encourage the movement of information within the copyright regime to promote free speech and democracy in accordance with the implied freedom of political communication. This improved understanding will benefit legislators and policy makers when regulating Australia’s innovation culture and economy.
