Literary Work or Mechanical Commonplace

Abstract

The problems surrounding intellectual property rights in judges' reasons for judgments have a long history, but the issue of who holds the copyright in reports of cases has not been determined with any certainty. The adoption of widespread internet use by the public over the last 10 years has led to an unprecedented shift in the ability of citizens to access information. The internet has had an ancillary effect of providing an enabling technology for the widespread distribution of primary legal materials. In some jurisdictions, notably Australia, this technical ability has been coupled with the will to promulgate legal norms without fee. For intellectual property lawyers, publishers, politicians and commentators, the new medium has stimulated a revival of interest in the area of copyright and prerogative in reasons for judgment and legislation. The control of distribution of these materials raises fundamental issues: public policy, the property and publication rights of the crown, the reach of judicial independence, and ownership of the expression of legal norms. These issues have stimulated legal research, and the attention of governments.