Category Archive for: ‘Copyright’

Copyright in celebrity s-x-tapes? McSteamy sues for unauthorised publication of home video

Grey’s Anatomy star Eric Dane (known as “Dr McSteamy”) and wife Rebecca Gayheart have filed a federal copyright suit against Gawker Media in California for the unauthorised publication of a private “s-x-tape”.  The couple have claimed $US1 million in damages and seeking an injunction preventing further acts of copyright infringement.
 

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No more struggling artists?

By mid 2010, a new royalty resale scheme will be up and running for visual artists, thanks to the passing of the Resale Royalty Right for Visual Artists Bill 2008 by the Senate in late November.  Under the scheme:

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The book digitisation “race”: An EU update

In an effort to deliver a pro-competition book digitisation solution before the arrival of the Google solutions proposed in the US Books Settlement, the Commission of European Communities recently announced follow up initiatives to

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Bow Wow Wow Yippie Yo Yippie Yae

In a win for funk and a loss for free barking, the singer George Clinton has won a copyright infringement claim and appeal in the US against Universal Music Group (“UMG”) over the use of Clinton’s lyrics “Bow wow wow, yippie yo, yippie yea” (known within “hip” judicial circles as the “Bow Wow Refrain”) in the song “D.O.G in Me” released by hip hop group Pub

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No change to parallel importation laws for books

The Federal Government has announced that there will be no change to the current parallel importation provisions for books under the Copyright Act 1968 and has decided not to commit to a new spending program for Australian authors and publishers, as proposed by the Productivity Commission.

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May the (law)suit be with you?

A long time ago in a land far, far away, film director George Lucas created a space epic never before seen and never since equalled.  Star Wars involved the eternal fight between good, symbolised by Luke Skywalker, Master Yoda and the soldiers of the rebellion, and evil, symbolised by Darth Vader, Emperor Palpatine and his stormtroopers, clad in uniforms of white armour.
 

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Proving copyright subsistence? Consider the section 128 presumption

In actions for copyright infringement, respondents frequently challenge subsistence and/or ownership.  However, where the name of the author does not appear on the work, a name purporting to be that of the publisher does, and the work was published in Australia within the requisite 70 year period, then unless the contrary is established, section 128 provides that copyright shall be presumed to subsist in the work and the person’s name who appeared purporting to be publisher shall be pres

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Playing Russian Roulette (otherwise known as quantifying a claim for additional damages)

Additional Damages awarded under section 115 of the Copyright Act 1968 (Cth) are akin to a game of Russian Roulette, you never quite know what you’ll walk away with! A survey of recent cases indicated that an applicant can get anywhere from 6.8% to 174% of the damages awarded at trial.

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Ralph Lauren and take-down notices – keeping things in proportion

A flurry of posts appeared recently on the Net as a consequence of Ralph Lauren issuing a DMCA take-down notice to the ISP of entertainment site Boing Boing.  Without attempting the summarise the broader debate on notice and take-down procedures (which, to put it mildly, is the subject of some contention), this incident is useful reminder that notice and take-down processes impose obligations on notice issuers as well as notice

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