Brian Fitzgerald BA (Griff) LLB (Hons) (QUT) BCL (Oxon.) LLM (Harv) PhD (Griff) studied law at the Queensland University of Technology graduating as University Medallist and holds postgraduate degrees in Law from Oxford University and Harvard University.
He is a well-known Intellectual Property and 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, China, Canada and Japan including: “Software as Discourse: The Power of Intellectual Property in Digital Architecture” (2000) 18 Cardozo Journal of Arts and Entertainment Law Journal 337; “Digital Property: The Ultimate Boundary?” (2001) 7 Roger Williams University Law Journal 47; “The PlayStation Mod Chip: A Technological Guarantee of the Digital Consumer’s Liberty or Copyright Menace/Circumvention Device?” (2005) 10 Media and Arts Law Review 85-98 and “Copyright 2010: The Future of Copyright”  European Intellectual Property Review 43. His co-authored/edited books include Cyberlaw: Cases and Materials on the Internet, Digital Intellectual Property and E Commerce (2002); Jurisdiction and the Internet (2004); Copyright law, digital content and the Internet in the Asia-Pacific (2008); Access to Public Sector Information: Law Technology and Policy (2010); Knowledge Policy for the 21st Century (2011) Copyright 1709-2010 (2011) and Internet and Ecommerce Law (2011).
In 1999 Brian delivered the Seventh Annual Tenzer Lecture - Software as Discourse - at Cardozo Law School in New York; in 2001 he was a Visiting Professor at Santa Clara University Law School in Silicon Valley in the USA; he taught in the Oxford University Internet Institute’s Summer Doctoral Program in Beijing in July 2005 and at Harvard University in July 2007; in February 2006 he was invited as international expert to present at an OECD Workshop on Open Educational Resources in Sweden and in May 2006 he was nominated by DEST to attend and present as an Australian expert at an OECD Workshop on Research Use of Patents (Spain). In 2009 he co-convened the international Copyright Future: Copyright Freedom conference held at Old Parliament House in Canberra and on 25 February 2011 co-convened The Blue Sky Conference on the Future of Copyright Law in Sydney
Brian is a Chief Investigator and Program Leader for Law in the ARC Centre of Excellence on Creative Industries and Innovation (CCi) and since 2005 has been awarded in excess of $5 million in research funding. His achievements in research were acknowledged by an invitation to present at the inaugural ARC Graeme Clark Research Outcomes Forum on June 18 2008 at Parliament House in Canberra. He has an extensive international network of research colleagues with particular emphasis on the USA, China, Europe and more recently the Middle East.
While Brian is acknowledged as a blue sky thinker he also has the ability to engage with industry stakeholders particularly government. During 2010 in collaboration with IP Australia he lead the Australian pilot of the Peer to Patent project. Peer-to-Patent Australia was designed to test if an open community of reviewers could effectively locate prior art that might not otherwise be found by the patent office during a typical examination. His groundbreaking work in applying Creative Commons licences to public sector information has lead world practice and the impact of his work was seen in 2010 with the application of Creative Commons licences by the Australian Treasury to the Australian Budget (a world first), the Australian Parliamentary Library, CSIRO through the Atlas of Living Australia and the revision of the Commonwealth of Australia’s “Statement of Intellectual Property Principles for Australian Government Agencies” to incorporate the notion of Creative Commons licensing.
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 Professor of Law at ACU.