Yearly Archive for: ‘2009’
The book digitisation “race”: An EU update
In an effort to deliver a pro-competition book digitisation solution before the arrival of the Google solutions proposed in the US Books Settlement, the Commission of European Communities recently announced follow up initiatives to
Read MoreBow Wow Wow Yippie Yo Yippie Yae
In a win for funk and a loss for free barking, the singer George Clinton has won a copyright infringement claim and appeal in the US against Universal Music Group (“UMG”) over the use of Clinton’s lyrics “Bow wow wow, yippie yo, yippie yea” (known within “hip” judicial circles as the “Bow Wow Refrain”) in the song “D.O.G in Me” released by hip hop group Pub
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No change to parallel importation laws for books
The Federal Government has announced that there will be no change to the current parallel importation provisions for books under the Copyright Act 1968 and has decided not to commit to a new spending program for Australian authors and publishers, as proposed by the Productivity Commission.
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Arguments close in the US Supreme Court over business method patents
Yesterday, the US Supreme Court heard oral arguments from both sides in Bilski v Kappos over whether American law should permit patents for business methods.
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PepsiCo retains sparkle in Aquafina defence
Last month, reports from as far as the Himalayan Times to Caribbean Business reported on a default judgment entered against PepsiCo for US $1.28 billion for apparently ‘stealing’ an idea to sell purified water from two men. On Friday, 7 November, that decision was set aside, and PepsiCo is now free to defend the case on its merits.
The story so far is a telling reminder to check your mail. The lawsuit was served on PepsiCo (although apparently not on its head office), and the secretary who received it failed to act until she received the default judgment.
Read MoreGame Over! No Doubt Avatarnished?
The band No Doubt has filed a lawsuit against video game creator Activision Blizzard in the US, claiming fraudulent inducement and breach of contract. No Doubt entered into a contract with Activision allowing the company to use No Doubt band members in Activision’s new game Band Hero.
Read MoreMay the (law)suit be with you?
A long time ago in a land far, far away, film director George Lucas created a space epic never before seen and never since equalled. Star Wars involved the eternal fight between good, symbolised by Luke Skywalker, Master Yoda and the soldiers of the rebellion, and evil, symbolised by Darth Vader, Emperor Palpatine and his stormtroopers, clad in uniforms of white armour.
Proving copyright subsistence? Consider the section 128 presumption
In actions for copyright infringement, respondents frequently challenge subsistence and/or ownership. However, where the name of the author does not appear on the work, a name purporting to be that of the publisher does, and the work was published in Australia within the requisite 70 year period, then unless the contrary is established, section 128 provides that copyright shall be presumed to subsist in the work and the person’s name who appeared purporting to be publisher shall be pres
Read MorePlaying Russian Roulette (otherwise known as quantifying a claim for additional damages)
Additional Damages awarded under section 115 of the Copyright Act 1968 (Cth) are akin to a game of Russian Roulette, you never quite know what you’ll walk away with! A survey of recent cases indicated that an applicant can get anywhere from 6.8% to 174% of the damages awarded at trial.
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