Sector: Technology, media, entertainment & telecommincations

Neil Brooks and the Nine Network: Does ACMA offer sufficient vindication to current affairs program targets?

Posted onAuthorJames Russell

Current affairs programs like Today Tonight and A Current Affair enable ordinary Australians to voice their grievances in circumstances where traditional avenues to justice (i.e. the Courts) are increasingly out of reach. These programs are hugely popular. It follows that the more extravagant the allegation, the higher the ratings.  However, what happens if the allegations over-reach? read more…

Will filming Times Square now require negotiating with hundreds of copyright owners?

Posted onAuthorElisa Nolf

On 8 April 2013, The Motion Picture Association of America, along with the International Documentary Association and Film Independent, filed an amicus brief[1], supporting the NFL in their fight against (the very litigious!) Frederick Bouchat. Bouchat’s fight with the NFL and the Ravens (an NFL team) started many years ago in 1996, when he sent read more…

Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

Posted onAuthorNatalie Hickey

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially read more…

A lesson in sharing: Google’s new AdWords policy

Posted onAuthorDaniella Phair

Imagine you are a well-known multinational company. You’ve worked long and hard to establish yourself as a market leader. You’ve taken advice from your trusty legal team to register your trade marks. You’re pretty proud of yourself for keeping up with new technology and have finally worked out how to use the Internet to best read more…

A Clause For Concern? Arbitration clauses and third-party IP claims

Posted onAuthorCharles Davies

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim read more…

Today’s update from the High Court – IP special leave applications refused

Posted onAuthorAmy Surkis

The High Court today heard special leave applications in two IP cases – however, in both cases Chief Justice French and Justice Gageler declined to grant special leave. The first case was Ucorp’s application for special leave to appeal from the Full Court’s decision regarding an implied licence in respect of the copyright in Material read more…

Six strikes and you’re…? New US approach to reducing online copyright infringement

Posted onAuthorDavid Larish

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 read more…

Don’t let the Raised Bar trip you up

Posted onAuthorStephen Worthley

On 15 April 2013, significant changes to Australian patent law will come into force. These changes increase the requirements for patentability of inventions. Patent applicants should take steps now, to prepare themselves for the ‘raised bar’. We have prepared an alert giving a simple to-do list before the changes come in, which is available online read more…