Black hats and white hats: authorisation of copyright infringement in Australia and the United States

Abstract

This article explores the concept of authorisation in relation to the possible liability of manufacturers and suppliers of technology if, and when, their technology is used by purchasers or other users to infringe copyright. Cases over the last 30 years brought by copyright owners or holders against the manufacturers and suppliers of technology which has the potential to infringe copyright are examined, as well as the differing copyright laws in Australia and the United States relating to the authorisation of copyright infringement. The article concludes with a discussion on the current legal approaches to authorisation and on possible future approaches.