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Anyone know what a 'Declaration of infringement' is? I know what declaring and what an infringement is, but I'm not sure if a declaration of infringement is a declaring to the courts or to the public.
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Spartan717: Anyone know what a 'Declaration of infringement' is? I know what declaring and what an infringement is, but I'm not sure if a declaration of infringement is a declaring to the courts or to the public.
Might help if you gave context.
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Spartan717: Anyone know what a 'Declaration of infringement' is? I know what declaring and what an infringement is, but I'm not sure if a declaration of infringement is a declaring to the courts or to the public.
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Sachys: Might help if you gave context.
It's in relation to intellectual property rights (i.e Copyright), specifically moral rights. Moral rights basically relates to the right of an author or creator to protect the ownership or integrity of their work. If there is an infringement (i.e. copying someone's work and saying your the original author), the court can force the guilty party for a 'Declaration of infringement'. Another similar remedy is for the guilty party to offer a public apology.

Other remedies include: removing the work or award for damages.
You're going to have to contact a lawyer in Australia, even if there are people here that are lawyers, they aren't your lawyer and unless they're in Australia, they're not likely to be versed on Australian law anyways.

Plus, only a damned fool is going to offer to provide you with anything certain as it's nearly impossible to communicate the specifics over an internet forum like this and whatever attorney-client privileges might normally apply in Australia don't when posted on a public discussion board.
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Sachys: Might help if you gave context.
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Spartan717: It's in relation to intellectual property rights (i.e Copyright), specifically moral rights. Moral rights basically relates to the right of an author or creator to protect the ownership or integrity of their work. If there is an infringement (i.e. copying someone's work and saying your the original author), the court can force the guilty party for a 'Declaration of infringement'. Another similar remedy is for the guilty party to offer a public apology.

Other remedies include: removing the work or award for damages.
So you've just answered your own question then! Heheh.
It's for an assignment. It is mentioned in my text book however I can't seem to find it anywhere in the legislation or on the internet. hmmm... I'll work it out somehow.
Moral rights in copyright law vary significantly from country to country (for instance, US copyright law doesn't contain anything about moral rights at all). This is because they were specifically left out of the Berne Convention, which harmonized much of copyright law internationally.

Due to this, you'll need to find someone who understands the specifics of Australian copyright law in this area, or a informational website that specifically focuses on Australian copyright law.
Post edited April 08, 2014 by DarrkPhoenix
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DarrkPhoenix: Moral rights in copyright law vary significantly from country to country (for instance, US copyright law doesn't contain anything about moral rights at all). This is because they were specifically left out of the Berne Convention, which harmonized much of copyright law internationally.
Which is something I've been trying to explain (over and over again) recently to someone. They don't seem to understand it at all.
After going through the legislation again. I found the answer. Thanks everyone :)