Category Archive for: ‘Contracts’

Insecure title: Don’t forget to register your security interest when supplying content on retention of title terms

A recent judgment from the NSW Supreme Court involving the lease of gas turbines is actually a useful and important reminder to content producers seeking to retain copyright in content provided to customers until those works are paid for. On the face of it, the decision in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General …

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Can a business stop an ex-employee from listing it as a former employer on LinkedIn?

And yes, this is a serious question.

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Partner:

Are your LinkedIn connections trade secrets?

Wait, what?

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Partner:

Copyright contract proves to be Kryptonite for Superman co-creator

Joseph Shuster (artist) and Jerry Siegel (writer) created the legendary comic book character Superman in 1933, and assigned copyright in the work to Warner Bros subsidiary DC Comics in 1938 – apparently for $130. (Fun fact: the original cheque from DC Comics to Joseph Shuster was recently sold at auction for $160,000! Although we note that the duo continued to …

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Possessory liens over IP or data

I recently caught up on some UK legal developments, and was struck by a decision which held that the English common law did not recognise a lien over intangible property. Much of what the Court of Appeal had to say in its decision is likely to be influential in Australia. The case involved two parties who had entered into a …

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Australian Flash Boy in contempt of court

As anyone who has read Michael Lewis’ latest book, Flash Boys, will know there is a lot of money to be made and lost through high frequency trading (HFT). Whilst the Australian securities market is structured and regulated quite differently from the US market described by Lewis, there is no doubt that Australia has had its share of ‘colourful’ Flash …

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Don’t forget to read the fine print – proposed changes to Facebook’s policies as a result of $20million class settlement

Fancy yourself as the face of a major brand? Facebook’s proposed refresh of its advertising and data use policy (as a result of a $20million class action settlement) means your big break might be just around the corner.  However, the catch is, you won’t be paid for it, nor be aware of what you are endorsing. These issues are what …

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Inventor caught in web of precedent

We recently saw the publication of an interesting decision in the United States concerning patent licences, with the US Court of Appeals for the Ninth Circuit holding that under the terms of a settlement agreement, Marvel, the owners of the Spiderman brand and franchise, were not required to pay royalties to the inventor of a Spiderman toy once the inventor’s …

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Productivity Commission advocates change to compulsory licensing of patents

Last year, the Australian Government asked the Productivity Commission to review the operation of the compulsory licensing provisions of the Patents Act.  In particular, it asked the Commission to: assess whether the current compulsory licensing provisions (in Chapter 6 of the Patents Act) can be invoked efficiently and effectively; recommend any measures to efficiently and effectively exercise the compulsory licensing …

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