TPM exceptions review

Following my post on the ALRC’s reference re exceptions in the digital environment, a couple of people kindly pointed out the Attorney General’s department is also conducting a review of the exceptions to technological protection measures. A technological protection measure is … well, anyway, since the Sony v Stevens stuff up, the definition has been […]

A few exercises in parody?

Gotye and Kimbra had that smash hit “Somebody I used to know“. via Prof. Tushnet at the 43(B)log, there comes “The Star Wars I used to Know” (99USc or $1.69 in the Oz iTunes store). Prof. Tushnet gives extra points for the artwork. I wonder about that, does it go too far? I guess there […]

ALRC terms of reference finalised

The Government has announced the finalised terms of reference for the Australian Law Reform’s inquiry into copyright: I refer to the ALRC for inquiry and report pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996 the matter of whether the exceptions and statutory licences in the Copyright Act 1968, are adequate and […]

The price of digital downloads in Australia

Apparently inspired by this report, Senator Conroy, the Orwellian named Minister for Broadband, Communications and the Digital Economy,[1] has acted to announce a new inquiry to be undertaken by the House of Representatives’ Standing Committee on Infrastructure and Communications. Reports here and here. According to that second report, someone trailed a coat on the issue […]

Roadshow: second look

Now I’ve had some time to look at the Roadshow decision, I think it falls near the territory of the House of Lords’ Amstrad ruling but doesn’t go as far as the Supreme Court of Canada’s CCH Canada ruling. The only issue before the High Court was whether or not iiNet (the ISP) was liable […]

Optus TV Now (no more)

The Full Court (Finn, Emmett and Bennett JJ) has unanimously allowed the appeal from Rares J’s finding that Optus TV Now did not infringe the copyright held by the AFL, the NRL and Telstra in broadcasts (or films) of the footy. Based on the summary, the Full Court has found that Optus either made the […]

Roadshow v iiNet

The High Court has unanimously dismissed Roadshow’s appeal in the case against iiNet. On a first look, there are some references suggesting that our law is being brought back in line with the UK (CBS v Amstrad) and Canada (CCH Canada v Law Society of Upper Canada). Consideration will have to await further review. Although […]

Acohs v Ucorp or the limits of implied licences

The Full Federal Court (Jacobson, Nicholas and Yates JJ) has largely upheld Jessup J’s ruling, but with a noteworthy limitation on the scope of implied licences. Acohs and Ucorp both provide in competition with each other Material Safety Data Sheets (MSDSs) which are required by law to identify the properties, uses and hazards of dangerous […]

PPCA v Commonwealth

The High Court has rejected the constitutional challenge to the validity of the “1%” cap on licence fees payable by broadcasters to the record companies on very narrow and specific grounds. Section 109 of the Copyright Act 1968 provides a compulsory licence for the broadcasting to the public of sound recordings. Section 152, however, caps […]

Simulcasting radio broadcasts over the internet

Foster J has ruled that radio stations do not have to pay an additional licence fee to the record companies for simultaneously transmitting their radio broadcasts over the internet. If you want to understand how recorded music is licensed to the radio stations, this is a good place to start. The broadcasting of recorded music […]