What is the Communications Law Bulletin?

The Communications Law Bulletin (CLB) discusses a wide range of communications law and policy issues and is distributed in hard copyand/or email to members as part of their membership.

Authors regularly include communications and media lawyers, industry representatives, academics, policy experts and law students.

Contributions and comments to the CLB are sought from members of the public including features, articles and case notes. We have a flexible word limit but most articles are about 1000-1500 words. Please send all contributions and comments to clbeditors@gmail.com

Past issues of the CLB are being progressively loaded onto this site and will be accessible here except for the four most recent issues.


December 2016
Volume 35, Issue 4 2016
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Riding the Technology Wave: Some Insights from Australian Sailing’s Vice-President Sarah Kenny
Victoria Wark, co-editor of the Communications Law Bulletin and formerly Senior Legal Counsel at the LOC AFC Asian Cup Australia 2015 chats to leading sports lawyer and Vice-President of Australian Sailing, Sarah Kenny, Consultant, Herbert Smith Freehills

Sport Sponsorships and Ambush Marketing: How to Avoid the Ambush
Stephanie Favotto and Julie Cox consider the protections available to official sport sponsors in Australia, including creative contractual provisions.

Case Update: Australian Olympic Committee, Inc. v Telstra Corporation Limited [2016] FCA 857
Martin Ross, Partner, Mark Lebbon, Senior Associate and Todd Bromwich, Law Graduate, Hall & Wilcox

Taking the Squeeze Out of the Press
William Duff surveys the state of Australian defamation law post-Lange and American jurisprudence. He considers what changes to Australian defamation law may be desirable to protect freedom of expression in the public sphere.

The Fourth Estate is Under Attack And Defamation Law is Not Helping
By Rachel Baker, Ashurst

Stalemate Over Chess Broadcast Rights
Tom Platt looks at an interesting copyright issue arising from the commercialisation of the burgeoning sport of professional chess.

Profile: Eleni North
General Counsel and Company Secretary of the Australian Rugby League Commission
CAMLA Young Lawyers representative, Danielle Slim, recently spoke to Eleni North about her roles at the Australian Rugby League Commission and the negotiation of large broadcasting deals for sporting leagues.

Social Media, Sports Stars and Celebs
Some Tips and Traps by Marlia Saunders and Sophie Dawson, Ashurst

On the Offensive: How Disruptive Technologies are Changing the Business of Sport
By Marlia Saunders and Anita Cade

September 2016
Volume 35, Issue 3 2016
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An Update on Privacy Tort Reform with Professor Barbara McDonald
Interviewed by Tim Senior, Lawyer, Banki Haddock Fiora.

Cyber Resilience: Managing Cyber Risk for Sustainable Prosperity
David Gerber, Partner and Lachlan Gell, Lawyer, Clayton Utz consider ASIC’s recent focus on cyber risk management and cyber resilience.

Developments in Data Driven Law:
A Discussion With Peter Leonard, Partner, Gilbert + Tobin.
Interviewed by Eli Fisher, co-editor.

Battle of the Drones - Legal Issues for High Flyers
By Sophie Dawson, Partner and Daniela Lai, Lawyer, Ashurst

Blockchain and Smart Contracts: The dawn of the Internet of Finance?
By Matthew McMillan, Partner and Ken Wong, Lawyer, Henry Davis York

The Types of Telecommunications Device Identification and Location Approximation Metadata:
Under Australia’s Warrantless Mandatory Metadata Retention and Disclosure Laws

By Stanley Shanapinda, Ph.D. Candidate, UNSW SEIT (ACCS, UNSW Law, D2D CRC)

The Complex Web: The Global Network, Snowden, Safe Harbours, Shields and the GDPR
By Daniel Cater; BNSc (Dis), Juris Doctor (Hon), Phd student UNSW

Profile: Sally McCausland
Owner of McCausland Law and Senior Fellow in the University of Melbourne law masters
Interview by Leah Jessup, Ashurst and CAMLA Young Lawyer’s Committee

Peek at You: Pokémon GO and Capturing Player Data
By Harry Knight, Solicitor, Banki Haddock Fiora

6 Cyber Security Standards You Need to Know About if You Are a Company Director or Board Member with 6 point security checklist
Sean Field, Special Counsel, Maddocks, provides an overview of the cyber security standards that all Company directors and officers should know about.

Privacy, Data & De-identification
Acting Information Commissioner Timothy Pilgrim’s speech to CeBIT in Sydney earlier this year.

VALE Gae Pincus
CAMLA was very sad to hear of the death of Gae Pincus who passed away on Sunday 7 August 2016.
Ros Gonczi remembers an enormous contributor to the work and early success of CAMLA.


June 2016
Volume 35, Issue 2 2016
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Copyright Developments in the Online Space
Eli Fisher, lawyer and co-editor of the Communications Law Bul­letin, moderates a discussion be­tween two of the most prominent voices in the Australian debate about copyright policy in the on­line space. Laurie Patton CEO of Internet Australia, and Jonathan Carter President of the Copyright Society of Australia and General Counsel of the Australian song­writers and music publishers’ col­lective, APRA AMCOS.

Is Sports Clip Sharing Legal in Australia? Applying the UK Fanatix Decision
Sally McCausland considers the implications of a UK copyright decision for Australian sports media.

Copyright and Social Media
Rebecca Dunn, Peter Pereira and David Krasovitsky provide some high level observations about copyright subsistence and infringement in the social media environment.

Summary note on the Productivity Commission’s Intellectual Property Arrangements Draft Report By Michael Williams and Xavier Fijac

500 Versions of Software and the Subsistence and Infringement of Copyright – The Full Court’s Decision in JR Consulting v Cummings
Anna Spies, King & Wood Mallesons, takes a look at the recent Full Federal Court decision in JR Consulting v Cummings and navigates a path through the vexed issue of subsistence of copyright in software releases.

After DBC: Can Piracy Be Curbed Outside of the Court?
Adrian Dean takes a look at the landscape post Dallas Buyers Club.

Profile: Nicholas Cole, Legal Practitioner Director of Cole Media & Entertainment Law and Producer at Talk Films
CAMLA Young Lawyers representative, Betheli O’Carroll speaks to Nicholas Cole about his roles at Cole Media & Entertainment Law and Talk Films, as well as his predictions for the media and entertainment industry

March 2016
Volume 35, Issue 1 2016
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In this issue:

New Commercial Television Industry Code of Practice
Clare O’Neil provides an overview of the new commercial television industry code.

If A Contract Granting an Intellectual Property Licence is Terminated,
Can the Licensee Continue to Use the IP?

Timothy Webb provides some helpful tips for businesses and their lawyers negotiating IP licences including that parties should consider clearly documenting in the agreement what should happen to an IP licence if the agreement is terminated.

Profile: Geoff Hoffman, Partner at Clayton Utz and CAMLA President
CAMLA Young Lawyers representative, Alexandra Gilbert, recently caught up with Geoff Hoffman, to discuss his role as Partner in Charge of Clayton Utz Sydney and his visions for CAMLA.

Security Law Watchdog Recommends Relaxing Secrecy Provisions for Journalists
Adam Zwi considers a report looking at the impact on journalists of section 35P of the ASIO Act.

Publication and Constructive Knowledge: Jurisdictional Divergence in Australia
CAMLA Essay Competition Winner, Joel Parsons considers innocent dissemination,
the different judicial treatment of constructive knowledge and the implications for social media users.

What Changes to Australia’s Media Ownership Laws are Being Proposed?
Associate Professor Timothy Dwyer, University of Sydney provides an overview of the recently proposed changes to Australia’s media laws.

January 2016
Volume 34, Issue 4, 2016

Copyright in a Meme
Ryan Grant considers what copyright exists in a ‘meme’ and whether its author has any protection under Australian copyright laws.

Internet of Things - Is it Hype or the Next Big Thing? Part II
James Halliday and Rebekah Lam provide the second and final instalment in a two–part series which examines the legal and policy implications of the Internet of Things (IoT).

Profile: Christina Allen, General Counsel of Fox Sports Australia
CAMLA Young Lawyers representative, Eli Fisher, catches up with Christina Allen, to discuss her role as General Counsel of Fox Sports Australia and her views on the key issues facing the industry.

Punting on the Law: In Play Betting
Martin Ross and Mark Lebbon provide an overview of the operation of the Interactive Gambling Act 2001 (Cth) and
consider the scope of the recently announced review into the Act and the implications for online in play betting.