The Full Court has dismissed EMI’s appeal from the finding that versions of Men At Work’s DownUnder infringed Larrikin’s copyright in Kookaburra Sits in the Old Gum Tree. Emmett, Jagot and Nicholas JJ brought this one down in 268 paragraphs. EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited  FCAFC 47 Lid dip Peter Clarke
Purely in the interests of improving professional understanding (and not at all for the purposes of titillation) I should draw your attention to Mallesons’ report that Rihanna’s S&M pop video, or at least stills from it, are attracting allegations of copyright infringement. Whatever you do, don’t go to the Mail online’s report. It does seem that Ms Rihanna and Mr LaChapelle have prior history working together. Just to prove this is really a.. Read More
Just as the Victorian government has announced its intention to repeal the corresponding obligations for litigation in State courts, the Commonwealth Attorney General has announced that the Civil Dispute Resolution Bill has now been passed by both Houses of Parliament. The Bill originally lapsed on the dissolution of Parliament last year, but was reintroduced in September. A key feature of the legislation is the introduction of the new genuine steps statement. According to.. Read More
The film studios have announced they have sought special leave to appeal from the Full Federal Court’s 2-1 decision dismissing their claim that iiNet infringed their copyright by ‘authorising’ its subscribers’ infringing activities. AFACT press release iiNet press release. Meanwhile, the iiA is still working on a workable solution for the future.
The Australian government has announced its intention to amend the Patents Act by the end of 2011 to empower the Federal Court to grant “to manufacture and export patented pharmaceuticals to countries trying to deal with epidemics and other types of health crises.” This announcement appears to implement the DOHA declaration (in 2001) on the compatability of TRIPS and public health issues particularly in developing countries. Press announcement here. WHO on DOHA here.. Read More
Last month, iiNet (by the skin of its teeth) avoided being found liable for authorising the P2P infringing activities of users of its internet access services. Kim Weatherall and Ass. Pro. David Brennan provide their respective initial takes here and here. Perhaps in recognition that iiNet (and pretty much any other ISP) will be in big trouble if they sit on their hands when the next letter of demand comes in from AFACT.. Read More
A few weeks back now, IP Australia released a draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (pdf) and draft Explanatory Memorandum (pdf). You can probably guess its overall objective from the exposure draft bill’s longer short title. The range of matters covered extends across 6 schedules: Schedule 1- Raising the quality of granted patents Schedule 2– Free access to patented inventions for research and regulatory activities Schedule 3– Reducing delays.. Read More
Over at Lawfont, Sarah reports that the terms of the Convergence Review have been announced. This is not just about ‘regulatory’ matters. From the preamble: …. At the same time, the globalising effect of the internet is profound and rapid, and has challenged regulatory boundaries. New content services channelled through internet service providers and across jurisdictional borders are challenging traditional media business models and forcing governments all over the world to reconsider the.. Read More