Judges' Reasons for Judgments - To Whom Do They Belong?

New Zealand Universities Law Review, Vol. 18, pp. 257-293, 1997

34 Pages Posted: 10 Nov 2008

See all articles by Mark Perry

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Date Written: November 7, 1997

Abstract

Most commentators fairly assume that reasons for judgments, at least those that are written, would qualify for protection under copyright legislation as literary works, and those basic statutory requirements are not be reviewed here. Few would argue that judges are not the authors of the reasons for judgments and that they exercise skill, judgment, and labour in their development. The key determinant for reasons for judgments attracting statutory copyright in the name of the Crown as literary works, whether under the general provisions or the specific Crown copyright provisions, depends on whether judges' "employment" falls within the specific terms of the various Acts. Public policy considerations also arise. Should judges or the state hold copyright in reasons for judgments, or should they fall within the public domain? A separate issue is whether the published reports of reasons for judgments attract separate protection from the judgments themselves.

Keywords: Crown Copyright, reasons for judgement

Suggested Citation

Perry, Mark, Judges' Reasons for Judgments - To Whom Do They Belong? (November 7, 1997). New Zealand Universities Law Review, Vol. 18, pp. 257-293, 1997, Available at SSRN: https://ssrn.com/abstract=1297263

Mark Perry (Contact Author)

University of New England - School of Law ( email )

Armidale, New South Wales 2351
Australia
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University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
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HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

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New Zealand

University of New England ( email )

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Australia

HOME PAGE: http://une.edu.au/law

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