There is a long history of litigation over the publication of unpublished diaries and letters under copyright law and confidential information. I was surprised to see the Australian newspaper today publish such material today, without any indication that they had permission.
See for instance the UK precedent of HRH Prince of Wales v Associated Newspapers Ltd [2006] EWHC 522 (Ch) ucpi.org.uk/wp-content/upl… #copyright #confidentialinformation
And the Australian case of Commonwealth v John Fairfax & Sons Ltd ("Defence Papers case") [1980] HCA 44; (1980) 147 CLR 39 (1 December 1980) dealt with confidential information and copyright and unpublished government documents www6.austlii.edu.au/cgi-bin/viewdo…
The US had the epic Salinger letters copyright litigation
law.justia.com/cases/federal/… #copyright #letters
Famously, News Corp has argued for broad copyright protection, and a narrow defence of fair dealing in Australia in #auspol #auslaw
So it is worth wondering how the Australian dealt with the copyright in the diaries and the letters in this case.
Did the Australian, Peter Van Onselen and Janet Albrechtsen get consent from the copyright owner to publish the literary works - like the private diaries and letters? thenewdaily.com.au/news/national/… #auslaw #auspol #copyright #unpublishedworks
. @marquelawyers expressed revulsion at the publication of the private diaries and letters. Amongst other things, they do work on copyright and other forms of IP.
Another UK precedent on copyright and unpublished works - Meghan Markle wins front page admission of copyright infringement from ANL after publication of her private letter to her father lexology.com/library/detail… #copyright #letters
Mail on Sunday must print front-page statement admitting Meghan won copyright battle over the publication of her private letter to her father independent.co.uk/news/uk/home-n… #copyright #privacy #letters

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More from @DrRimmer

14 Mar
The boys are back in town in Canberra - McCormack too busy to front #March4Justice crowd but PM open to 'private' meeting theguardian.com/australia-news… #auspol #auslaw @AmyRemeikis
By contrast, the @JoeBiden @KamalaHarris @WhiteHouse administration has established a new gender policy council, and promised action on #VAW #uspol
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13 Mar
Australia commits $100m to Covid vaccine deal at Quad meeting theguardian.com/australia-news… #COVID19 #access2meds But 3/4 of the Quad (Japan, USA, Australia) have been opposing India's #TRIPSwaiver proposal.
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12 Mar
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12 Mar
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12 Mar
James Hooke said he had “relevant discussions” about the event with the woman from “mid-1988 until her death”. Hooke also recollects speaking with Porter from 1992 onwards. He supports an inquiry, and is willing to testify in such a forum. theguardian.com/australia-news… #auspol #auslaw
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11 Mar
It is not too late, prime minister, to seek the advice of the solicitor general | Justin Gleeson theguardian.com/commentisfree/… #auspol #auslaw
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'Never again allow a legal vacuum to consume the office of attorney general and the proper provision of legal advice to the commonwealth.' Justin Gleeson pleads with Scott Morrison theguardian.com/commentisfree/… #auspol #auslaw
Read 4 tweets

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