Mainly intellectual property (IP) issues Down Under

Harper Review: Government Response

The Government has accepted almost all of the Harper Review’s recommendations including the power to block parallel imports of books.

Google Books = fair use in USA

Just in time for the 2015 Copyright Symposium, the Second Circuit Court of Appeals has ruled that the Google Books Project is “fair use” of copyright and so not infringing. Judgment here (pdf). Opinion authored by Circuit Judge Leval. Eleanora of the IPkats first look here; Rebecca Tushnet focuses on the fourth factor discussion here. The “four factors” from §107 are: (1) the purpose and character of the use, including whether such.. Read More

Productivity Commission reviews IP

The Productivity Commission has released an issues paper for its inquiry into Intellectual Property Arrangements.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Dallas Buyers’ Club: no sale (yet)

Perram J has refused to allow Dallas Buyers Club LLC to send out its proposed letters of demand to the account holders identified through its preliminary discovery application.

Program formats and copyright

Channel 7 has lost its bid to get an interlocutory injunction against Channel 9’s show Hotplate on the basis of My Kitchen Rules.

Project home appeals

The Full Court has partially allowed Tamawood’s appeal, and denied Habitare’s appeal from Collier J’s findings about copyright infringement.

How much is that copyright in the power generation system

The Full Federal Court has allowed the Commissioner of Taxation’s appeal from Pagone J’s ruling allowing SPI Powernet a deduction for the value of its copyright in the plans, drawings and manuals for its electricity power generation network.

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.

Three strikes in Australia

Communications Australia has released a draft Industry Code introducing 3 strikes (and a preliminary discovery application) into Australia