CDF in IP Law
Emily Hudson joined the University of Oxford in January 2012 as Career Development Fellow in Intellectual Property Law (associated with St Peter’s College). In addition to her work in intellectual property law, Emily also researches in personal property law and law as it relates to cultural institutions and the arts.
She has previously worked for the University of Queensland (Lecturer and Director of Mooting Programs) and the University of Melbourne (Research Fellow, CMCL and IPRIA), and for three years was a solicitor at Minter Ellison Lawyers.
She holds a BSc(Hons), LLB(Hons), LLM and PhD from the University of Melbourne. Her doctoral thesis used empirical techniques to analyse how cultural institutions in the US, Canada and Australia understand and apply exceptions to copyright infringement.
In 2000, she was a member of the University of Melbourne team that won the international rounds of the Philip C. Jessup International Law Moot Court Competition.
E Hudson and R Burrell, 'Copyright, Abandonment and Orphaned Works: What Does it Mean to Take the Proprietary Nature of Intellectual Property Rights Seriously?' (2011) 35 Melbourne University Law Review 971 [...]
For many years there was doubt as to whether personal property could be abandoned. In more recent times, however, the existence of a doctrine of abandonment has been solidifying in relation to chattels. In this article the authors suggest that copyright works can also be abandoned. This conclusion has significant implications for cultural institutions and other users struggling to deal with so-called ‘orphaned works’. More generally, the authors suggest that recognising that abandonment of copyright is possible has repercussions for how we think about intellectual property rights and, in particular, should cause us to look more closely at other doctrines within the law of personal property that might limit intellectual property’s reach.
E Hudson and AT Kenyon, 'Digital Access: The Impact of Copyright on Digitisation Practices in Australian Museums, Galleries, Libraries and Archives' (2007) 30 University of New South Wales Law Journal 12 [...]
Empirical research into the digitisation of collections in Australian museums, galleries, libraries and archives suggests that copyright law affects what material is digitised and how it is made accessible. This article analyses digitisation within cultural institutions in light of the Digital Agenda reforms of 2000 and the Copyright Amendment Act 2006 (Cth). Copyright law can have a significant impact on digitisation practices, particularly with regard to digitising audiovisual material and orphan works, and in relation to digital access: that is, the public availability of digital content. Research suggests that, for the Copyright Act 1968 (Cth) ('Copyright Act') to work on its own terms, some small-scale reforms are required. However, the research also underscores larger questions about the sustainability of existing copyright law and practice. Provisions in the Copyright Amendment Act 2006 (Cth) may improve the situation, depending on the operation of the new 'flexible dealing' exception for the sector in s 200AB. This suggests the need for continued attention and debate on copyright exceptions and the possibility of new collective licensing models.
E Hudson and AT Kenyon, 'Without Walls: Copyright Law and Digital Collections in Australian Cultural Institutions' (2007) 4 SCRIPTed 197
E Hudson and S Waller, 'Droit de suite down under: should Australia introduce a resale royalties scheme for visual artists' (2005) 10 Media & Arts Law Review 1