Kookaburra laughs louder

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 [2011] FCAFC 47 Lid […]

No copyright in newspaper headlines

Bennett J’s reasons for ruling that Fairfax does not hold copyright in the Australian Financial Review’s headlines have now been published. In conclusion, Bennett J stated: 159 As to the subsistence of copyright in the contended works, I have reached the following conclusions: None of the ten selected headlines are capable of being literary works in […]

Larrikin Merry As It Can Be

While on the subject of Mars and darkened conference rooms, Men at Work have been found to infringe Larrikin’s copyright in Kookaburra Sits on the Old Gum Tree. It would seem (from newspaper reports) that 2 bars were a substantial part – shades of the old Colonel Bogey newsreel case. The video on the Age’s […]

Substantial part of a video game

The UK Court of Criminal Appeal has dismissed an appeal against a criminal conviction for selling modchips to enable Sony Playstations, Nintendo and Microsoft to play counterfeit games. The 1709 [delete mouthfull of title] blog has a detailed report. Those of us living in the autochthonous realm hidden away in the summer sun may find […]

IceTV Second Look

IceTV publishes an electronic tv program guide or schedule. The ABC and SBS provide their program schedules, but the commercial free-to-air networks refused. Mr Rilet sat down and watched 3 weeks of Channel 9 programming, writing down the time and title of each program. He then made up a program schedule ‘predicting over’ what would […]

A new law of copyright Down Under?

The High Court has unanimously allowed the appeal in IceTV. IceTV did not reproduce a substantial part of Nine’s copyright in its program guides by reproducing the time and title information from those guides. At least that means people in Australia will be able to use PVRs without the shackles imposed by the TV networks. […]

Is copying enough to infringe Down Under?

The Full Court (Lindgren, Goldberg and Bennett JJ) has allowed the appeal in Elwood v Cotton On. So, for example, contrary to the trial Judge’s ruling, Elwood’s copyright in this:   was infringed by this:    First, the Full Court agreed with the trial Judge that Elwood’s t-shirt design was properly classified as an artistic […]