Category Archive for: ‘Copyright’

De-mining the DMCA’s Safe Harbor: UMG v Veoh

As well as being home to the world’s largest film and music companies, the US is the intellectual, entrepreneurial and technical leader of the digital age. There is an inherent tension between the media and IT industries, for it is the IT service providers, software companies and website owners whose services and infrastructure facilitate copyright infringement of their users. Herein …

Read More
Subjects:

A Textbook Copyright Dispute – SCOTUS Rules Against Publishers

The Supreme Court of the United States of America decided 6 to 3 this week that a person who owns copyright in a book subsisting under US law cannot restrict the importation and resale of legally produced foreign copies, in the landmark decision Kirtsaeng v John Wiley & Sons, Inc. 568 U.S. ___ (2013) on the US doctrine of “first …

Read More
Subjects:

Today’s update from the High Court – IP special leave applications refused

The High Court today heard special leave applications in two IP cases – however, in both cases Chief Justice French and Justice Gageler declined to grant special leave. The first case was Ucorp’s application for special leave to appeal from the Full Court’s decision regarding an implied licence in respect of the copyright in Material Safety Data Sheets (MSDS). Acohs …

Read More
Subjects: |

Six strikes and you’re…? New US approach to reducing online copyright infringement

The Copyright Alert System (CAS), more commonly referred to by its ‘six strikes’ moniker, began operation in late February in the US. Under the CAS, internet subscribers whose accounts are used illegally to share copyright material may receive one or more alerts from their internet service provider (ISP).  If the subscriber receives five or six alerts (a.k.a strikes), their account …

Read More
Subjects:

“Holy Unfavourable Judgment Batman”…Batmobile found to be a protectable character

Can you guess the movie character from the following description: “…oddly-shaped head and facial features, squat torso, long thin arms, and hunched-over posture”. Got it? It makes sense when you know the answer (E.T.). But which movie character fits the description “swift, cunning, strong, and elusive?” Apparently, the Batmobile. DC Comics has succeeded in its court proceeding action against Mark …

Read More

A break in transmission for online radio streaming

After last year failing to convince the High Court to increase the licence fees paid by commercial radio broadcasters, the Phonographic Performance Company of Australia Ltd (PPCA) has reversed its fortunes with a Full Federal Court victory in relation to online streaming of radio broadcasts. In hearing an appeal by the PPCA from an earlier decision of Justice Foster in …

Read More
Subjects: |
Partner:

Busted as bro…First ruling under NZ’s ‘three strikes’ copyright infringement laws

Busted as bro… First ruling under NZ’s ‘three strikes’ copyright infringement laws A New Zealand Rihanna fan has the dubious honour of being one of the first people to have an enforcement action brought against her for breach of copyright under the Copyright (Infringing File Sharing) Amendment Act 2011 (NZ), the most recent addition to New Zealand’s copyright laws.  These …

Read More
Partner:

“It’s my moment, not yours”… US Court decision clarifies who owns photos on Twitter

In the US case of Agence France Presse v. Morel [2012] a series of iconic images of the Haitian earthquake taken by Daniel Morel and uploaded to Twitter were held to have been wrongly used by global news companies. Significantly, it is the first case that clarifies how photos uploaded to the ‘Twittersphere’ can legally be used by third parties …

Read More
Subjects: |

Oppa Spin-Off Style: Trading off someone else’s goodwill in a viral video

In early October, we posted about the creators of viral K-Pop video ‘Gangnam Style’ facing a trade mark fight in the Korean Intellectual Property Office (KIPO). Since then, we’ve noticed a number of interesting ‘Gangnam Style’ spin-offs popping up all over Australia. While in PSY’s own words imitation is the sincerest form of flattery, it’s interesting to consider whether some …

Read More

Page 10 of 33« First...«89101112»2030...Last »