Professor Brian Fitzgerald - Nat Thomas More Law School (Faculty of Law and Business)

Fully accredited supervisor - Can supervise as principal supervisor


Brian Fitzgerald studied law at the Queensland University of Technology graduating as a University Medallist in Law and holds postgraduate degrees in Law from Oxford University and Harvard University.

He is a well-known Intellectual Property and Information Technology/Internet lawyer who has pioneered the teaching of Internet/Cyber Law in Australia. He has published articles on Intellectual Property and Internet Law in Australia, the United States, Europe, Nepal, India, Canada and Japan and his latest (co-authored) books are Cyberlaw: Cases and Materials on the Internet, Digital Intellectual Property and E Commerce (2002); Jurisdiction and the Internet (2004); Intellectual Property in Principle (2004) and Internet and Ecommerce Law (2007). Over the past eight years Brian has delivered seminars on Information Technology, Internet and Intellectual Property law in Australia, Canada, China, Brazil, New Zealand, USA, Nepal, India, Japan, Malaysia, Korea, Singapore, Norway, Croatia and the Netherlands.

His current projects include work on intellectual property issues across the areas of Copyright, Digital Content and the Internet, Copyright and the Creative Industries in China, Open Content Licensing and the Creative Commons, Free and Open Source Software, Research Use of Patents, Science Commons, e-Research, Licensing of Digital Entertainment and Anti-Circumvention Law. He has organised numerous conferences on Intellectual Property and Internet Law in Australia, is a regular speaker at international and national conferences and has made a number of significant submissions to the government in the area of Internet and IP Law.

From 1998-2002 Brian was Head of the School of Law and Justice at Southern Cross University in New South Wales, Australia and from January 2002 - January 2007 he was appointed as Head of the School of Law at QUT in Brisbane. In 2009 he was appointed to Government 2.0 Taskforce and to the Advisory Council on Intellectual Property (ACIP).

Between 2007 and 2012 he was a specialist Research Professor in Intellectual Property and Innovation at QUT and is currently Executive Dean of Law at ACU.


Phone :(03) 9953 3640 (Melbourne)
URIs :

Research Interests

Electronic Commerce ; Information Technology Law ; Intellectual Property Law ; Internet Law ; Restitution ; Constitutional Law ; Law and surfing ; Copyright ; Creative Commons ; Cyberlaw ; Intellectual property in the digital environment ; Law and technology ; Open Access ;

Methods Expertise

No research method is currently recorded.

Research Projects

Completed Projects

  • Rewarding Inventive Ingenuity through Patent Ownership as part of the Australian Innovation Strategy - patent entitlement in the context of non-joinder or mis-joinder of parties (PhD) (Principal Supervisor)
  • Transformative use of Copyright Material (Master) (Principal Supervisor)
  • Creative Commons and Open Content Licensing (PhD) (Principal Supervisor)
  • Determining the Judicial Jurisdiction in the Transnational Cyberspace (PhD) (Principal Supervisor)

Selected Publications


Access to Public Sector Information: Law, Technology and Policy


Copyright 2010: the future of copyright law, in Copyright Law, Digital Content and the Internet in the Asia Pacific

Civil jurisdiction, intellectual property and the internet, in Copyright Law, Digital Content and the Internet in the Asia Pacific

Copyright 2010: The Future of Copyright, in European Intellectual Property Review

Copyright 2010: the need for better negotiability/usability principles, in Knowledge Policy: Challenges for the 21st Century

Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sectors, in Legal Framework for e-Research: Realising the Potential

Streamlining collaborative agreements in an e-research world, in Legal Framework for e-Research: Realising the Potential

It's vital to sort out the ownership of ideas, in The Australian (Higher Education Supplement)

Search engine liability for copyright infringement, in Web Search: Multidisciplinary Perspectives

Legal Framework for E-Research: Realising the Potential


Unlocking the Potential Through Creative Commons: an industry engagement and action agenda, in ARC Centre of Creative Industries and Innovation

The law as cyberinfrastructure, in CT Watch Quarterly

The Role of Open Content Licences in Building Open Content Communities: Creative Commons, GFDL and Other Licences, in Global Knowledge Cultures

Legal Issues for Wikis: The Challenge of User-generated and Peer-produced Knowledge, Content and Culture, in eLaw Journal

Open Content Licensing: Cultivating the Creative Commons

Internet and E-Commerce Law: Technology, Law and Policy