For my legal explainer, I will be writing a Frequently Asked Questions styled article concerning copyright, using the case between WAM Clothing, the company with sole rights to use the Aboriginal flag, and the Australian Football League. This came about when the company issued cease-and-desist notices to the AFL in 2019 for their use of the flag on merchandise, on the centre square, and on the flags of the goal umpires during Sir Doug Nicholls round, the AFL’s main celebration of Indigenous players in the sport. My main sources for this assignment are listed below.
- Allens Linklaters
Kelly, S. (2020) “Copyright in the Aboriginal flag”, accessed March 15, available at: https://www.allens.com.au/insights-news/insights/2020/10/copyright-in-the-aboriginal-flag/#:~:text=Copyright%20in%20the%20flag,Wombai%20man%20from%20Central%20Australia.&text=In%201997%2C%20the%20Federal%20Court,subsisting%20in%20the%20Aboriginal%20flag.
This is a useful source as it contains history, context, and information on further developments of the case. It is not opinionated on either side as it comes from a law firm and therefore gives a fair overview of this copyright case study.
2. Department of Infrastructure, Transport, Rural Development and Communications
Department of Infrastructure, Transport, Rural Development and Communications, (2021), “Copyright”, accessed March 29, available at: https://www.communications.gov.au/what-we-do/copyright
This will be a useful source as there are many pages within the main copyright site that aim to answer the questions I set out in my explainer. These will also help to clear up any complications I may have in understanding my case study.
3. The Conversation
Alexander, I. (2019) “Explainer: our copyright laws and the Australian Aboriginal flag”, accessed March 15, available at: https://theconversation.com/explainer-our-copyright-laws-and-the-australian-aboriginal-flag-118687,
Alexander, I. (2020) “How easy would it be to ‘free’ the Aboriginal flag?”, accessed March 15, available at: https://theconversation.com/how-easy-would-it-be-to-free-the-aboriginal-flag-145446
These two articles will be useful as they explain firstly how the copyright laws apply to my case study and the way in which they could be changed, with input from members of Parliament that relate to Indigenous Affairs.
4. Central Land Council Submission to Australian Parliament
Central Lands Council (2020), “To the Senate Select Committee on the Aboriginal Flag”, accessed March 29, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Northern_Australia/TraditionalOwners46P/Submissions?main_0_content_1_RadGrid1ChangePage=2_20
This is a useful source as it is a properly structured and well-written submission to the Australian Parliament with recommendations made and in-depth discussion on the importance of the Aboriginal flag to Australia’s Indigenous population, and therefore the importance of this copyright case.
5. The Guardian
Ryan, H, Hynter, M. (2020) “AFL clubs back #freetheflag campaign as copyright row over Aboriginal flag labelled a ‘disgrace’”, accessed March 15, available at: https://www.theguardian.com/sport/2020/aug/19/afl-clubs-back-freetheflag-campaign-as-copyright-row-over-aboriginal-flag-labelled-a-disgrace
This article is an effective source as it contains quotes from former Aboriginal AFL players and current Indigenous businesspeople of Australia. It relates directly to the AFL case study but also discusses further issues that people face with this copyright issue.
Russ Haylock Sportswriting 