Policy


Let’s go to court

Apr 2008 | Comments Off on Let’s go to court

George Cho PhD

 
To decide who can draw maps and who owns them.
   

Conclusions

To conclude GI professionals must take note and must begin to worry. The tussle between the rights of GI professionals to practise their craft as against regulations prohibiting the opportunity to tender for lucrative mapping contracts may have come to pass. GI professionals have come to realise the importance of asserting property ownership of the products of their labour – maps and plans – as well as being ever vigilant to ensure greater accuracy to avoid litigation in the courts.

The trend seems to be that the amount and degree of litigation involving maps, GI professionals and other cognate disciplines is on the rise. This trend is reflective of GI as a maturing system, as science and study in its own rights; and more importantly, as a profession in its own right.

References

Baldwin, M & Adams, G (2007) ‘Ownership and licensing of copyright by States and the Commonwealth: High Court grants leave to appeal’ in http://www.blakedawson.com/Templates/Publications/x_article_content_page. aspx?id=47897.

Copyright Agency Limited v State of New South Wales [2007] FCAC 80.

Copyright Agency Limited v New South Wales (2007) 240 ALR 249; (2007) 73 IPR 1.

Francica, J & Schutzberg, A (2007a) ‘February’s Brooks Act Litigation: What Geospatial Practitioners Need to Know’ Directions Magazine January 19, 2007 and at http://www.directionsmag.com/printer.php? articleid=2383.

Francica, J & Schutzberg, A (2007b) ‘Responses on the Books Act Litigation’ Directions Magazine January 22, 2007 and at http://www.directionsmag. com/printer.php?article_id=2388.

MAPPS (2007a) ‘Special Notice to the Membership on QBS: QBS Litigation Update: The Parties and Issues in the Lawsuit’ January 30, 2007 at http:// www.mapps.org/QBSlawsuit.asp.

MAPPS (2007b) ‘Special Notice to the Membership on QBS: QBS Litigation Update: Judge’s Decison’ June 15, 2007 at http://www.mapps.org/QBSlawsuit .asp.

Respini-Irwin, C (2007a) ‘The Case of MAPPS v United States’, Geospatial Solutions, Feb. 15, and at http://govm.geospatialsolutions.com/gssgovm /content/printContentPopup.jsp? id=405391.

Respini-Irwin, C (2007b) ‘Court Decides. MAPPS, et al. v United States of America’, Geospatial Solutions, June 22, 2007 and at http://www.geospatialsolutions.com/geospatialsolutions/content/print ContentPopup.jsp?id=436672.

Schutzberg, A (2007) ‘Has There Been Enough Response to the MAPPS Litigation? Directions Magazine, February 21, 2007 and at http://www.directionsmag. com/editorials.php?article_id=2412.

Wong, M (2008) ‘When must the Crown pay to use copyright material for the services of the State?’ in Deacons Legal Update February 2008 at http://www.deacons.com.au.

Yates, D & Kingston, V (2007) Copyright Agency Limited v State of New South Wales [2007] FCAC 80 in Allens Arthur Robinson Intellectual Property Bulletin – September 2007 at http://www.aar. com.au/pubs/ip/ipbullsep07.htm#07.

 

George Cho PhD

University of Canberra
Canberra, Australia
George.Cho@canberra.edu.au
   
     
 
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