Category Archive for: ‘Copyright’

Artificial-Impressionists: a movement of AI-generated artwork

Remember Naruto, the monkey that took a selfie?  Courts in the United States determined that human authorship was a requirement for copyright protection.  So, if we can’t award monkey copyright, what about AI? 

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IPO 2018: Insights from the USPTO, EPO and the bench (when digital natives meet digital immigrants)

The Intellectual Property Owners Association’s 46th Annual Meeting took place in Chicago on 23-25 September 2018.  Suzy Madar from the Sydney IP team reports on the conference highlights.

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“13 Reasons Why” to watch Article 13 – Copyright reform in the European Union

Last week, a plenary session of the European Parliament has voted to adopt changes to the Directive on Copyright in the Digital Single Market (or the Copyright Directive for short), that was first introduced by the European Parliament Committee on Legal Affairs on 20 June 2018.

The Copyright Directive contains a number of sections that have been extremely polarising – critics argue that the Copyright Directive will encourage a form of censorship while supporters argue that the Copyright Directive will protect the works of artists and creators. One of the most contentious parts of the Copyright Directive is Article 13.

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‘Sexy’ stamp leaves United States Postal Service blushing  

The United States Government, acting through the United States Postal Service (USPS) has been ordered to pay US $3.5 million for copyright infringement after accidentally using a replica Statue of Liberty on its 2011 Forever Stamp.  The creator of the replica sculpture, Robert S. Davidson, brought a claim against the United States for infringing his copyright over the original and …

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The Best Laid Plans: West Australian Supreme Court rules on copyright in building drawings

In Milankov Designs & Project Management Pty Ltd v Di Latte [2018] WASC 14, the WA Supreme Court has handed down a cautionary copyright tale to all prospective home builders. The moral of the story?  When it comes to working out what you can do with the plans you’ve paid for, and what you need to do to be an …

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws against Redbubble Ltd (Redbubble), the …

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All’s fair in love and war? The limits of the “fair dealing” copyright exception

The Fair Dealing-Fair Use war has been raging in Australia since antiquity. The Fair Users fondly yearn for the green pastures of American-esque copyright law. They imagine a vast nation where creative works are freely and peacefully disseminated as Fair Use, their benevolent sovereign, smiles on creators and consumers with equanimity and impartiality. The Fair Dealers on the other hand …

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Blockchained to the rhythm: what are ‘distributed ledgers’ and could they help the music industry and copyright?

Forget Napster! One of the biggest problems in the music industry is the who, what, where, and why: which labels and publishers, performers, songwriters and producers own which rights and what split of royalties should be paid? Worse still: when are the songs being played, who by, and for what purpose? This occurs, in part, because of the labyrinthine distribution …

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Artifex Software v Hancom: Guidance from US District Court on enforcement of open source software licences

Open source software is regularly used as a way of leveraging the collective knowledge of the software development community by allowing anyone to improve and contribute to the code, provided they ‘pay it forward’ and allow their improved code to be used by the community. Open source software is often incorporated into proprietary software to avoid ‘reinventing the wheel’ – …

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