Category Archive for: ‘Copyright’

Drafting international IP licences – watch out for tax risks

We recently posted on certain pitfalls in drafting IP licences.  Well it doesn’t rain, but it pours with these issues, as IBM has recently discovered.  On the receiving end of an adverse Federal Court judgment brought by the Australian Tax Office, IBM has learnt the hard way that the language used to draft an agreement is crucial to how the AT

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It’s the Big Apple for Penguin v Buddha

The borderless nature of the internet was instructive in a recent copyright case in the US.

The New York State Court of Appeals was asked to decide the appropriate jurisdiction for a copyright case, involving the uploading of full copies of a number of books published by Penguin.  The court was not considering the substance of the claim, only the appropriateness of the jurisdiction.  

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Friday: the day after Thursday leads to copyright controversy

Rebecca Black is a 13 year old music prodigy from Orange County, California.  Actually, that’s not entirely true.  Rebecca Black is a young girl whose song titled “Friday” is testament to the power of social media and autotune.  With over 100 million hits at the time of writing, the song describes the trials and tribulations faced by a typical 13 year old girl.  She’s “gotta go downstairs, gotta have some cereal”, and decide whether kickin’ in the front seat or sittin’ in the back seat is a better way to get to school.  When the song culminates by propheticall

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IP enforcement reforms proposed by the Obama Administration

The US Administration has recently released “The Administration’s White Paper on Intellectual Property Enforcement Legislative Reforms”.  This White Paper contains 20 recommendations on IP enforcement, and the implication is that the recommendations will form part of legislative amendments that are presented to Congress during the term of the administration.

The key recommendations set out in the White Paper are:

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Is the EU a “Community”? Forum shopping and database rights

Football Dataco and The Scottish Premier League are presently locked in litigation against Sportrader GmbH (a German company) and Sportrader AG (a Swiss company).  The claimants, amongst other things, assert database rights in Football Live, a compilation of data about football matches in progress, collected mainly by ex-professional footballers on a freelance basis at relevant matches (truly a case of combining business with pleasure!).  The defendants operate a service called “Sport Live Data” via betrader.com which provides live scores, results and other statistics, including UK foot

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What a Betty Boop boo… Court rejects family’s copyright appeal

In a recent judgment, the U.S. Ninth Circuit Court of Appeals has upheld a decision in favour of a number of companies which license Betty Boop paraphernalia, including dolls, t-shirts, handbags etc.  

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A TRILLION dollars!

The internet has been awash recently with the story of the thirteen record companies who sued Limewire for $75 trillion (which is likely more money than even exists in the world today).  But is it true?  And is the widespread public disapproval of the record companies justified?
 

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Breaking News: EMI loses Men at Work “Down Under” decision to gum-tree sitting Kookaburra

The Full Federal Court has rejected EMI’s appeal of Justice Jacobsen’s decision that Men at Work’s song “Down Under” infringed Larrikin Music’s copyright in “Kookaburra sits in the Old Gum Tree”.  EMI will also have to pay Larrrikin’s costs of the appeal.

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Breaking news: “Hollywood bound for the High Court” – Film companies lodge special leave application in iiNet

In news just to hand, the Australian Federation Against Copyright Theft (AFACT) has issued a press release on its website confirming that the film companies which brought proceedings against ISP, iiNet, in 2008 have lodged an application for special leave to appeal to the High Court of Australia.

Under the High Court Rules, any application for special leave must have been lodged by no later than 4pm today.

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