IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

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 dip Peter Clarke

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 which copyright can subsist. Fairfax has failed to prove that any of the ten selected.. Read More

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 website has the clips of every kid’s favourite folk song and that flute riff. Richard.. Read More

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 some interest in the reasons why the playing of the (counterfeit) games would result in.. Read More

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 be broadcast. As the broadcast date neared, however, IceTV employees checked up to 3 other.. Read More

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. IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14 (lid dip Joshua.. Read More

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 work and not a literary work nor both an artistic work and a literary work:.. Read More