‘Dark Horse’ in the spotlight for music theft – copyright ready for a perfect storm, a perfect storm

A jury in California recently handed down a $US2.78 million verdict against Katy Perry and writers of the 2013 hit ‘Dark Horse’ for copying from a Christian rap song ‘Joyful Noise’. The decision follows a line of high-profile copyright infringement cases in the music industry in recent years, including the dispute involving ‘Blurred Lines’ where Robin Thicke and Pharrell Williams were found to have illegally copied from Marvin Gaye, and Sam Smith handing over 25% of royalties to settle an infringement claim over ‘Stay With Me’. An interesting issue raised in the ‘Dark Horse’ case was whether several million views on YouTube is sufficient to demonstrate access through widespread dissemination. read more...
Subjects: Copyright

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Manner of manufacture and software-based inventions: Patent eligibility test re-affirmed but limited further clarity provided by Australian Appeals Court

After much anticipation and a 10 month wait since the appeal was heard in November 2018, the expanded panel of five Federal Court judges in Encompass Pty Ltd v Infotrack Pty Ltd have delivered their decision, finding that they were “not persuaded that the primary judge erred in concluding that each [Encompass patent in suit] does not claim an invention that is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies”.  Each of the Encompass patents in suit have accordingly been found to be invalid. read more...
Subjects: Patents