IPwars.com

Mainly intellectual property (IP) issues Down Under

Copyright in bikini designs

Dodds-Streeton J has ordered that City Beach[1] pay Seafolly $250,333.06 by way of damages for infringing copyright in 3 Seafolly designs, including consideration of the copyright/design overlap

Attorney-General on copyright reform DownUnder

The Attorney-General has given a speech outlining what looks like a major effort to reform copyright law

Copyright and the ALRC

Then ALRC has submitted its final report on Copyright and the Digital Economy amongst other things recommending a fair use defence.

Assigning rights in future copyright – Bollywood style

Is an assignment of future copyright effective over copyright which the author subsequently creates but never owns?

Turns out, damages were payable after all

The Full Court has upheld Insight SRC’s appeal that it was entitled to compensatory damages under s 115(2) of the Copyright Act. When ACER committed the infringements by reproducing the SOHQ, Dr Hart, the owner of the copyright, exploited it through his Insight company as an informal licensee or licensee at will.[1] As is probably not uncommon with “family” companies, the terms of the licence were so unclear Besanko J.. Read More

Another copyright in project homes case

Some 5 years after it went hunting, Tamawood[1] has successfully sued Habitare (now with administrators and receivers and managers appointed) for infringing copyright in house plans. Copyright in some plans was infringed (Torrington v Duplex 1 & Duplex B); but not in others (Conondale / Dunkeld v Duplex 2 & Duplex A). One point of interest: Habitare commissioned Tamawood to develop plans for 2 new houses for it. These plans.. Read More

The Canadian copyright ‘pentalogy’

Last year, the Supreme Court of Canada handed down 5 decisions on the same day relating to fair dealing and other issues arising from digital transmission of copyright material. In a number of respects, its decisions are directly opposite to conclusions that have been reached by our High Court (one example – but it appeared to turn on different statutory language). In others, such as the ‘digital taxi’ theory, the.. Read More

The Corbys have copyrights

Various members of Schapelle Corby‘s family, like most other people who take photographs, do own copyright in the photographs they have taken and Allen & Unwin, which published 5 of their photographs in The Sins of the Father, has to pay damages for the unauthorised use of those copyrights. Buchanan J awarded: between $500 and $5,000 compensatory damages pursuant to s 115(2) for each photograph; and $45,000 by way of additional damages.. Read More

Looking for a (copyright related) job?

The NSW Department of Education is looking for someone who: will lead negotiations on behalf of the TAFE sector in respect of statutory copyright collecting agencies Copyright Agency and Screenrights and other voluntary agreements as appropriate with other collecting societies. The Manager will also support the National Copyright Director to provide specialist copyright advice to the school and TAFE sector, and implement smart copying initiatives in Schools and TAFEs. If.. Read More

The price of digital downloads in Australia

Big week for parallel imports last week: (1) the US Supreme Court declared US law applies a doctrine of international exhaustion for copyright material (2) Adobe, Apple and Microsoft fronted the Australian Parliament to explain why digital “things” cost so much more in Australia than elsewhere (i.e., the USA). Apple’s defence said, amongst other things, it was the price it had to pay to the owners of Australian copyright –.. Read More