Category Archive for: ‘Copyright’

Too much of a stretch to recognise copyright in yoga?

The US Court of Appeals of the Ninth Circuit has held that the famous sequence of yoga poses (or “asanas”) developed by Bikram Choudhury (and performed at 40°C) does not attract copyright protection. A copy of the decision is here. Choudhury sued a yoga studio, Evolation Yoga, established by two former students, which offered hot yoga classes in which the …

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Crocodile attacks in New Zealand – Lacoste death rolls Crocodile International again

New Zealand may have beaten France in the Rugby World Cup quarter finals, but one French sporting icon is winning a strategic branding war in New Zealand. For the third time in four years, the High Court of New Zealand has overturned the decision of the Assistant Commissioner of IPONZ and acknowledged the breadth of Lacoste’s trade mark rights in …

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Productivity Commission releases roadmap for IP review and calls for submissions

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry). In a previous post, we outlined the scope of the Inquiry and the key areas of the IP regime which the Federal Government had directed the Commission to examine and report on by August 2016. The Issues Paper sets out …

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The Dancing Baby case: considering fair use before sending a copyright take-down notice – implications for Australia

There has been a lot of talk lately about the “Dancing Baby” lawsuit (a.k.a Lenz v Universal Music Corp). For those readers who haven’t heard of the case, the basic story will be relatively familiar: a video, uploaded to YouTube, was then removed pursuant what is known as a “DMCA takedown notice” following an allegation of copyright infringement raised by …

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You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys in Indonesia using his camera …

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Would you pay for a meme? Getty claims copyright licence fees for Socially Awkward Penguin

Posting a cringeworthy meme can often cost you a few Facebook friends. But what if the next meme you post costs you almost $900? German blog Geeksisters found out the hard way when Getty Images asked them to pay €785.40 in back licensing fees for posting the famous Socially Awkward Penguin meme to their website. (Ironically, the offending blog entry …

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Productivity Commission embarks on 12-month inquiry into Australia’s intellectual property regime

The Federal Government has given the green light to the Productivity Commission to undertake a comprehensive review of Australia’s IP regime (Inquiry).  The Commission must provide a report on the Inquiry by August 2016. The Inquiry was one of the three recommendations relating to IP in the Final Report of the Competition Policy Review (also known as the Harper Review), …

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My Copyright Rules: Seven cooked by Nine in legal pressure test

Are all reality TV cooking shows the same? Television networks Seven and Nine were recently embroiled in legal proceedings over whether Nine’s new show, The Hotplate, is a rip-off of My Kitchen Rules. The food fight started when Hotplate aired at the same time of Seven’s new show, Restaurant Revolution. When Seven’s offering received a lukewarm reception in the ratings, …

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Dallas Buyers Club – customer details not to be released (yet)

In the Dallas Buyers Club proceeding, Dallas Buyers Club and Voltage Pictures sought preliminary discovery from a number of ISPs of customer names and addresses associated with 4,716 IP addresses alleged to have been used to infringe copyright.   As we previously reported (see our post here), on 7 April 2015, Justice Perram was satisfied in principle that the ISPs should …

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