Dr Melissa de Zwart

Research Area/Interests:

Internet, mobile phones, mobile communication, virtual worlds, regulation, intellectual property, contract, copyright, content.

Regulating the Mobile Content Revolution: A Preliminary Investigation of Content Control and Copyright Management in the Advanced Mobile Environment

This is a pilot project aimed at investigating the legal and policy issues associated with the regulation of mobile content in Australia.

The capabilities of mobile phones and other mobile devices are rapidly developing. For example, Third Generation (3G) systems may be used for: video and videoconferencing; Internet access; high resolution camera links; music downloading and storage; pornography, gambling and games. Significant investments are being made into mobile technology and the delivery of mobile content. The substantial economic and social benefits of the mobile content revolution will not, however, be fully delivered if the legal and regulatory is cumbersome, inconsistent or inappropriate.

Mobile content in Australia is currently subject to a maze of regulations. The complex regulatory regime is frustrating for industry participants, who must navigate overlapping regimes that apply to the same content. The associated regulatory uncertainty may deter investment and inhibit the emergence of an internationally competitive mobile content industry. Secondly, the management of intellectual property rights in mobile content, which will play a key role in the development of the mobile content industry, has yet to be fully explored. For example, the protection of mobile content may be threatened by peer-to-peer (P2P) 'sharing' via mobile devices. In addition, the implications of current legislative proposals for introducing an express exception to copyright infringement to allow for 'format-shifting' or 'platform-shifting' (which would sanction the practice of copying material from fixed to mobile devices) require analysis.

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