Copyright in Standards: Open or Shut Case

Berger Tyrone, Monash University

12/12/2011
(Original Publish Date: 11/17/2011)

This article investigates some key problems surrounding copyright in standards. It surveys two ex ante approaches, namely the management of the underlying intellectual property rights during a standard's development stage, and creating an exemption that is incorporated in legislation, and that provides for a compulsory licence. I further suggest an ex post notice, or opt-in approach, for copyright owners, to resolve the uncertainty around when copyright permission should be sought by users.