Alex Allen-Franks
@alexallenfranks.bsky.social
Senior Lecturer at Auckland Law School. PhD University of Cambridge.
Intellectual Property; Law of Evidence; Human Rights stuff 👩🏻🏫
Intellectual Property; Law of Evidence; Human Rights stuff 👩🏻🏫
Graduated with my PhD a year ago. And 5 years before that, my LLM. Now I’m about to wake my twins up.
July 17, 2025 at 8:17 PM
Graduated with my PhD a year ago. And 5 years before that, my LLM. Now I’m about to wake my twins up.
Today: the Chief Justice gave me advice on raising twins at the launch of my co-authored book, Mahoney on Evidence.
June 26, 2025 at 9:40 AM
Today: the Chief Justice gave me advice on raising twins at the launch of my co-authored book, Mahoney on Evidence.
As is often the way with these things, the word count was tight so we weren't able to add some detail we would have liked! But anyone interested in this area is in luck: next week, @lpramsey.bsky.social is giving a public lecture at Auckland Law School where she will talk about some of these issues
March 6, 2025 at 8:20 PM
As is often the way with these things, the word count was tight so we weren't able to add some detail we would have liked! But anyone interested in this area is in luck: next week, @lpramsey.bsky.social is giving a public lecture at Auckland Law School where she will talk about some of these issues
On the argument that treating copyright as rlship property could disincentivise creativity, the Court said that the author can contract out of the PRA if truly concerned.
It did acknowledge that copyright differs from other property bc of moral rights which could raise valuation issues"
It did acknowledge that copyright differs from other property bc of moral rights which could raise valuation issues"
![[35] The problem posed by moral rights and the author’s concern to protect their post-separation interests will complicate any valuation made for purposes of division. A court’s task is somewhat easier if the parties agree that the works and copyrights should remain with the author, freeing her to manage the works and copyrights as she sees fit. But the valuation exercise would nonetheless require that the court make assumptions about whether and how she will sell the works and manage the copyrights and enforce their moral rights.
[36] These considerations suggest that courts should design orders to minimise conflict in the distribution of property and unnecessary harm to the author’s future reputation and income. They do not compel the conclusion that copyright is not property at all.
[37] Further, capturing copyright in works created during the relationship furthers the social purpose of the PRA. To recognise that it is an expression of the author’s personality and skill is not to exclude the possibility that it is also the product of her relationship for purposes of the PRA. The other partner may have helped to monetise it or may have contributed in ways which allowed the author to create the works that brought the copyrights into existence. In these respects copyright is no different from property in the works themselves. We add that, as the Court of Appeal observed, a principle that “property” excludes anything created or acquired during the relationship using personal skills that antedate it could not easily be confined to copyright in artistic works.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:lh5tmz2ssxlfhspzzp4tnpzx/bafkreidfjdewerq6aqjizms42t4lg5rhfpbqfr2rbwxtzartclk4u2p6ei@jpeg)
March 6, 2025 at 2:32 AM
On the argument that treating copyright as rlship property could disincentivise creativity, the Court said that the author can contract out of the PRA if truly concerned.
It did acknowledge that copyright differs from other property bc of moral rights which could raise valuation issues"
It did acknowledge that copyright differs from other property bc of moral rights which could raise valuation issues"
In NZ, there's a presumption that property accumulated during marriage is rlship property. The artist didn't want to exploit copyright in some of the artworks, her ex partner did. Artist argued that while copyright is "property" in Copyright Act, that doesn't mean it is for PRA.
Court said:
Court said:
![[30] The Copyright Act expressly provides that copyright is property, and further that it exists apart from the author’s moral rights. The holder may sell or assign copyright and may protect it by action for damages, injunctions and accounts.42 Those rights and remedies lend copyright a value realisable in money. For these reasons, copyright fits the PRA definition of “property” as “personal property”. There is no reason to exclude intangible personal property from the definition, and if copyright were instead treated as an interest fixed in the physical artworks, it would still meet the definition as “any estate or interest in any ... personal property”. It is not necessary to have recourse to the final limb of the definition, except to remark that it confirms that “property” has a broad meaning and should be interpreted consistently with the objectives of the PRA](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:lh5tmz2ssxlfhspzzp4tnpzx/bafkreihau5dgsimsdwmegmvjatb3p5jtihbncxbb7ta73r6jttgwbsxu6u@jpeg)
March 6, 2025 at 2:27 AM
In NZ, there's a presumption that property accumulated during marriage is rlship property. The artist didn't want to exploit copyright in some of the artworks, her ex partner did. Artist argued that while copyright is "property" in Copyright Act, that doesn't mean it is for PRA.
Court said:
Court said:
I’ve been sitting on this for a while but my door plate has been updated so I guess it’s official now… I’ve been promoted to Senior Lecturer 🥳
January 21, 2025 at 1:22 AM
I’ve been sitting on this for a while but my door plate has been updated so I guess it’s official now… I’ve been promoted to Senior Lecturer 🥳
Mahoney is published 🥳
December 19, 2024 at 12:58 AM
Mahoney is published 🥳
The new edition of Mahoney on Evidence: Act and Analysis is now in final and off to the publisher, ready to be published in hard copy on 15 December (barring any disasters). I can't share the pdf of the book, but I can share the cover...
Pre order here: store.thomsonreuters.co.nz/mahoney-on-e...
Pre order here: store.thomsonreuters.co.nz/mahoney-on-e...
November 19, 2024 at 4:59 AM
The new edition of Mahoney on Evidence: Act and Analysis is now in final and off to the publisher, ready to be published in hard copy on 15 December (barring any disasters). I can't share the pdf of the book, but I can share the cover...
Pre order here: store.thomsonreuters.co.nz/mahoney-on-e...
Pre order here: store.thomsonreuters.co.nz/mahoney-on-e...
The stages of a PhD: enthusiasm (buying the book); the rest of it (staring into the void)
November 21, 2023 at 8:06 AM
The stages of a PhD: enthusiasm (buying the book); the rest of it (staring into the void)