Category Archive for: ‘Copyright’

Proposed new website blocking powers for the Federal Court

There has been a great flurry of activity in the online copyright infringement space lately. Along with the Dallas Buyers Club decision (see our previous post here) and the proposed Industry Code for a copyright Notice scheme (here), the Government has recently introduced a Bill that would give the Federal Court a power to block overseas website that have the …

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Dallas Buyers Club – Court to order the (conditional) disclosure of customer details following allegations of copyright infringement

On 7 April, Justice Perram of the Federal Court of Australia found that iiNet and five other ISPs should provide the names and addresses associated with 4,716 IP addresses to Dallas Buyers Club and Voltage Pictures. Dallas Buyers Club and Voltage (with rights in the movie, Dallas Buyers Club) had alleged that the IP addresses had been used to infringe …

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Getting mathematical about a musical treasure: “I Am Australian” in the Copyright Tribunal

Back in November 2014 we reported that the iconic song, I Am Australian, was in the midst of a legal dispute in the Copyright Tribunal of Australia (Tribunal) between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth Government.  You can read more about the background to the dispute here. What’s the update? In summary, Mr Bruce …

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The Harper Review (IP Update)

We previously reported on the Competition Policy Review Panel’s Draft Report on the effectiveness of Australia’s current competition laws and policy (see our earlier post here). As well as competition issues, the review also examined the impact of the intellectual property regime on innovation, trade and competition policy. Yesterday, the Panel released its Final Report (which can be accessed here). …

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Copyright case of Olympic proportions

Just before Christmas last year, Justice Bennett handed down the decision in Seven Network Limited v Commissioner of Taxation [2014] FCA 1411 which held that no copyright existed in Channel Seven’s live television broadcasting of the 2006 (Winter) Olympics in Turin, and the 2008 Olympic Games in Beijing, to Australian viewers. Her Honour found that the footage was transmitted via …

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Aereo and Optus TV Now – a comparison of the US Supreme Court and Australian Full Federal Court decisions

The Supreme Court of the United States in Aereo and the Full Court of the Federal Court of Australia in Optus TV Now have both considered the application of copyright laws to television streaming services. Both highly anticipated decisions have potential implications for new online technologies and cloud services. But how do the decisions compare and are the implications for …

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Can a business stop an ex-employee from listing it as a former employer on LinkedIn?

And yes, this is a serious question.

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Fighting ‘Revenge Porn’ through Copyright

Unless your surname is “Kardashian”, it is unlikely that being a victim of a ‘Revenge Porn’ attack launched by a jilted ex-lover could ever end well.  However, thanks to the unfortunate experience of a Californian law student who recently filed a copyright lawsuit in the U.S following such an attack, you may never have to experience this fate. Photo credit: http://www.dreamstime.com/royalty-free-stock-images-censored-nude-woman-portrait-young-tape-covering-eyes-breasts-image33259509 …

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The Moral Rights of Graffiti Artists

From the 2000 year old scribbles discovered in Pompeii (too rude to repeat on IP Whiteboard) to the ‘Darren woz here’ tagged on local bus stops, graffiti has long been considered a public nuisance, more vandalism than creative expression. Despite its ignoble history, in the past decade, graffiti has come to be considered a form of high art in itself …

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