Category Archive for: ‘Copyright’

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 …

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“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 …

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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 …

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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 …

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“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 …

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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 …

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Justice Tracey found there was no Flattery in Seafolly’s bikini designs

We aren’t suggesting Justice Tracey believes Seafolly bikinis are unflattering when worn… We’re referring to his recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. What lessons can we take from this case? Check your facts before you post on Facebook. An honestly held …

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How much do you know about copyright in quotes? Test your muscle against the Yale Law School Top Ten

Now that you’ve considered how and whether you can protect quotes via copyright (thanks to our previous post here), it’s time to take your skills to the next level. We couldn’t resist letting you know that the Yale Law School has just released its annual list of the most notable quotations of the year. It seems that Fred Shapiro, associate …

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To Quote or not to Quote: that is the question

Is the quote a literary or dramatic work under the Copyright Act? To be protected by copyright, the work needs to be ‘original’ and it needs to be expressed or ‘fixed’ in a ‘material form’. In the case of quotes, the question is usually whether the work is too insubstantial for originality to subsist. This means that, in Australia, a …

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