“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

If you’ve spent any time on the internet over the past few months, chances are you’ll have seen a headline about the latest blockbuster sale of an NFT. Jack Dorsey (founder of Twitter) sells NFT of his first tweet for $2.9 million USD  Grimes (Canadian musician) releases NFT collection that sells out in 20 minutes read more...
Subjects: Technology

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Modern monarchy and the media: Duchess of Sussex wins historic privacy case against the British tabloids

In another reminder that being a princess isn’t all it’s cracked up be (after binge-watching the latest season of The Crown), Meghan Markle (a.k.a. The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH read more...
Subjects: Copyright

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

On 27 April 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in Georgia Et Al v Public Resource Org, Inc. We set out what happened, what the Supreme Court found, the implications of the decision and we look at whether a similar principle applies in Australia. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. read more...
Subjects: Copyright

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Love is in the Ear – Federal Court of Australia finds copyright infringed by the sound of lyrics sung

On 24 April 2020, Justice Perram of the Federal Court of Australia gave judgment in relation to a copyright dispute concerning the iconic Australian pop-hit classic, Love is in the Air, finding that a substantial part of the song had been copied by a US pop-duo, Glass Candy, and by France’s national airline, Air France, read more...
Subjects: Copyright

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Hyperlinks killed the radio star: High Court of England and Wales “Tunes In” to the radio streaming debate

Last month, the High Court of England and Wales delivered its judgment in a test-case for copyright and Internet communications: Warner Music UK Ltd & Sony Music UK Ltd v TuneIn Inc. [2019] EWHC 2923. The case concerned the activity of “Tune-In” an online platform that allows users to access over 100,000 Internet radio stations worldwide. read more...
Subjects: Copyright

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‘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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