Call for help: Australian lawyers?

[astolat]

This isn't a specific job, more a general call for help. We could really use some advice from an Australian lawyer -- ideally someone familiar with the Australian law on pornography and with the concept of fanfic, but we'll take whatever help we can get -- who would be willing to talk to us privately, not for formal legal advice, just a conversation to help get us pointed in the right direction.

If you are one yourself or if you know someone (in RL or online), if you could drop me a note to put me in touch (I can be reached at astolat at livejournal dot com), it would be much appreciated!

Also, if you are located in Australia and would be willing to help us find a lawyer through Legal Aid-type channels if we can't find one through fandom connections, please drop a comment here? I've found some resources, which I'm putting here to keep track of.

Comments

[ladyjestyr.livejournal.com]

I know of someone who may be able to help; I've sent an email.

[ladyjestyr.livejournal.com]

(If that lead doesn't pan out I'm happy to help with local research to find out about the legal situation here.)

[dr-jekyl.livejournal.com]

I'll also see if I can turn up anything. Like in the US, laws can differ from state to state.

[dr-jekyl.livejournal.com]

My scant connections have petered out. I am willing to call the law society and get a referral to a solicitor specialising in this area of law if need be.

[liresius.livejournal.com]

I'm sorry I can't help with the lawyer side of things. I'm not one. I'm an Australian citizen, but don't live there. I had a look around the net though and thought I'd put a a couple of what I hope are vaguely relevant pieces of information together. I don't know your specific reasons or concerns re Australia but here's what I know/found.

1. First, with the Free Trade Agreement (FTA) with the US, changes went into effect on Australian copyright law. One answer about how the FTA affects the AUS situation, comes from our Government funded ABC (similar in quality of reporting to BBC)

"A number of amendments were made to Australia's copyright law in late 2004 to meet particular obligations under the FTA. Some of the changes include:
* performers were given economic and moral rights in their sound recordings and moral rights in their live and recorded performances
* criminal offences were broadened to target copyright infringements undertaken for commercial advantage or financial gain and significant infringements on a commercial scale
* the term of protection for most copyright material was extended by 20 years
Most of these changes came into effect on 1 January 2005"
source page here (http://www.abc.net.au/catapult/askexpert/s1342710.htm) Other commentators I've heard speaking on radio podcast consider us to have been virtually "colonized" by the US in respect of copyright law.

Secondly, the draft of the Amendments to the Telecommunications (Offences and Other Measures) Bill that went before the House of Representatives in 2004 did not have the following passage but it was included in the final Bill - a 2006 compilation of which can be read at the
Attorney General's Department (http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/DAA3A13F85FC3547CA2571870020EC66)

473.4 Determining whether material is offensive

The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and

(b) the literary, artistic or educational merit (if any) of the material; and

(c) the general character of the material (including whether it is of a medical, legal or scientific character).

I know this is all very general but I hope it helps build the picture somewhat.

[cupidsbow.livejournal.com]

It sounds like you've got it covered, but if you need further help in finding Aussie resources let me know and I'll see what I can find. (I don't have any legal contacts in my immediate network)

[cad27.livejournal.com]

Seconded.

[vass]

I know an f/f-writing fan who's a lawyer in Australia. I've commented to her LJ with a link to this post and asked whether, if she can't help herself (and it's definitely not the kind of law she practices) she might know someone who can.

I know another fannish person who got a law degree from an Australian university, but is not now practising law, nor indeed living in Australia. But it was a recent law degree. I've sent her the link as well.

There's also a profic author who lives near me whose day job is Legal Aid. I don't *know* know her, but I spoke to her at a 'meet the author' thing at the local library. She's fannish in the SCA/cons/books way, I don't know her opinion on fanfic. But she's a nice person, and contactable by email. I could try that if other options don't pan out?

And as a last resort, I'm willing (oh God) to be the one to show up at a Legal Aid office and ask them about pornography.

[jeddy83.livejournal.com]

You might find some of the posts in free_speech_au helpful.

[liresius.livejournal.com]

Thanks for that pointer. (just for my own personal interest)

[ausmac.livejournal.com]

You won't be able to get a solicitor via Legal Aid - it's only available to Australian citizens and is generally only used for active matters such as criminal cases in court, Family Law and civil matters in court. Although I am a Legal Secretary in RL I doubt I would be able to help as I don't want to ask any questions of my employers that would put me at risk personally. All I can do is provide you with pointers to the appropriate legislation, along with other useful internet links. For example, here is one for the Law Society of New South Wales. They have a few solicitors who do pro bono work, and they might be able to point you at someone:

http://www.lawsociety.com.au/page.asp?partid=66

[pipibluestockin]

You may well have gotten to the bottom of your list of answers by now, but the following sites may be useful.

Arts Law Australia
www.artslaw.com.au


They may be able to answer your questions on the creative / copyright side of the line. Plus a lot of useful links and downloads.

Australian Copyright Council
www.copyright.org.au

As the name says... An independent not for profit organisation. Again a lot of useful links and downloads.