IPwars.com

Mainly intellectual property (IP) issues Down Under

Copyright liability for hosting material posted by others

Section 116AE of the Copyright Act 1968 (Category C activity) provides for a limitation on the liability of hosting services for material posted by others.  Think, for example, of YouTube or those websites that ISPs provide their subscribers. The broad conditions for the protection to apply are set out in s 116AH. Copyright Regulations reg. 20A to 20X provide more detailed requirements, including the notice and take down procedures. Apart from.. Read More

Resale royalty right

On Saturday, the Age carried a story about the proposed resale royalty right. The details (yet to be implemented in legislation) are up here (pdf) and here (rtf): The scheme will start on 1 July 2009.  It will cover: resales of original works of visual art sold through the secondary art market where the seller has acquired the work after the legislation takes effect. It will not be restricted just to works created.. Read More

Jammie Thomas wins – sort of?

Ms Thomas, a single mother of two, is was the first person successfully prosecuted to a substantive trial by the RIAA in the USA for copyright infringement by P2P file “sharing” – using KaZaa, she downloaded and “shared” 24 copies of protected sound recordings. The jury awarded RIAA statutory damages of US$220,000 by the jury (or $9,250 per song file downloaded). Well, (pending the appeal), it’s all coming unstuck – a bit… Read More

The Secret – more forum wars

Late in July, Sundberg J found that Australia was clearly an inappropriate forum to litigate the dispute over ownership and infringement of copyright in the film and the book, The Secret.  Now there is an appeal on foot. To recap: interests associated with Ms Rhonda Byrne commenced proceedings in Australia claiming to be the owner of copyright in the film of The Secret.  Drew Heriot was the director of the.. Read More

Stupefy!

in which the spell has landed …. Harry Potter’s creator, JK Rowling, and her movie producers have successfully obtained an injunction against the publication of The Harry Potter Lexicon.  The judge also awarded US$6,750. Marty has the text of Warner Bros Entertainment Inc. v RDR Books (SDNY 8 Sept 2008) here. IPKat has a short summary based on media reports here. NY Times report (free subscription required) here. It’s not.. Read More

A case on computer software licences and back ups in Australia

A rare and interesting decision on the scope of (mainframe) computer software licences and s 47C (computer program back-ups) and s 47F (security testing) of the Copyright Act: RWWA (which runs the West Australian TAB).  SAG granted it a non-transferable, non-exclusive licence to run the ADABAS database management software on its mainframe computer.  This was the software used for its its betting business.   In addition to installing the software on its mainframe.. Read More

The sky is falling

with apologies to Chief Vitalstatistix: ARIA’s half year figures for 2008 show that sales of recorded music are still falling – down 4% on the corresponding period last year. But guess what, the decline in sales of physical copies is almost all set off by the rise in digital sales: 12 million digital tracks up from 8 million for the 6 month period last year.   According to ARIA: “….. Read More

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