Tuesday - 29 July, 2008


 Nicholas Suzor tries to work out where parody fits into Australian copyright law ...

Posted at 05:36 PM     Read More   |

Tuesday - 29 July, 2008

Copyright owners versus ISPs

Reports today that the UK Government has 'brokered' a deal between copyright owners and ISPs forcing ISPs to take a more pro-active role in cutting off illegal downloaders ...

Posted at 04:48 PM     Read More   |

Thursday - 24 July, 2008

Dollars v sense 

The latest plans to extend copyright term in the EU seem to have fired up a collected who's who of copyright academics ... 

Posted at 12:25 PM     Read More   |

Saturday - 19 July, 2008

Jib Jab did it again! 

The folks who brought us This Land have now found

Time for some campaignin' ...

Posted at 12:46 PM     Read More   |

Wednesday - 09 July, 2008

Fair use and online video 

2 Washington DC professors (with an impressive line up of contributors) have released a Code of Best Practices in Fair Use for Online Video ...

Posted at 04:35 PM     Read More   |

Friday - 04 July, 2008

Groooaaannnn ...

The Australian Copyright Council reports that the recent Council of Australian Governments (COAG) meeting has identified the problem of parallel importation of books as a priority area for reform and referred the issue to the Productivity Commission ... 

Posted at 03:06 PM     Read More   |

Saturday - 28 June, 2008

Project home plans again 

Kim Weatherall has an excellent post on the state of copyright in project homes over here ...

Posted at 05:59 PM     Read More   |

Saturday - 21 June, 2008

Waterloo or Austerlitz? 

The Government has tabled the Attorney-General's Department Review into sections 47J and 110AA of the Copyright Act - the private copying exceptions for photographs and films.

Conclusion: no change yet; but the Department is to remain in consultation with owners and users to see whether the new business models based on "managed copies" emerge ... 

Posted at 03:56 PM     Read More   |

Sunday - 01 June, 2008

Art and the public domain 

Just as novels have, er, graduated to frame by frame illustrations known as graphic novels (shows one must be getting old as one thought they were comics), copyright policy debate has moved into the 21st century ...

Posted at 11:46 AM     Read More   |

Friday - 23 May, 2008

Do we need a bill of rights? 

News this morning that Melbourne City Council pulled a painting by the PM's nephew, Van Thanh Rudd, from a forthcoming exhibition in Ho Chi Minh city because 

(1) it did not fit within the purpose of the arts grant program; and

(2) "legal assessment had also indicated it might infringe trademark (sic) and copyright provisions" ... 

Posted at 01:42 PM     Read More   |

Sunday - 18 May, 2008

IceTV did infringe after all ...

IceTV, you'll remember, (used to) publishes electronic programming guides for tv schedules.  In very broad terms, it generated them by the painful process of sitting down and watching tv for 3 weeks to create a ruough schedule; predicting future programming on the basis of that and adding in corrections and additional information from other sources.

As a result, it took the time and title of Nine's programming schedule.  Some of it copied from aggregated program schedules (such as the Green Guide), some of it "guessed" from watching tv.

While the trial judge found that copyright subsisted in Nine's program schedules, her Honour also found that IceTV had not taken a substantial part.  The Full Court (Black CJ, Lindgren and Sackville JJ - whom you'll remember constituted the Court for the purposes of the Desktop Marketing appeal) reversed ....

Posted at 10:41 AM     Read More   |

Saturday - 12 April, 2008

The Trials of Art 

Now that the High Court has enjoined judges not to be in terror of making artistic judgments (Burge v Swarbrick [2007] HCA 17 at [63]), perhaps we should be reading Daniel McClean's The Trials of Art which, according to IPKat includes an intro by Lord Hoffmann referring to that Hensher case ...

Posted at 04:42 PM     Read More   |

Tuesday - 08 April, 2008

Copyright in an idea or an expression?

Kim Weatherall, abandoning her self-imposed exile, has a close look at recent Federal Court decisions finding that one project home builder's plans had been infringed by others who adopted the alfresco feature ... 

Posted at 03:29 PM     Read More   |

Saturday - 05 April, 2008

38 years is almost too long

The Court of Appeal has partly upheld an appeal in the Whiter Shade of Pale case ... 

Posted at 06:55 PM     Read More   |

Friday - 04 April, 2008

Resale right 

Now that the new (?) Labor Federal Government is planning to introduce a resale right for visual artists, you may want to review the Intellectual Property Institute's report on the operation of the UK right ... 

Posted at 04:15 PM     Read More   |

Thursday - 13 March, 2008

Telco liability for customers downloading 

The gloves are off in Ireland (or Eire): the record companies are finally going after the telephone company/ISP whose customers are alleged to be downloading infringing copies of the music ...

Posted at 05:26 PM     Read More   |

Thursday - 13 March, 2008

WIPO's copyright agenda

WIPO's Standing Committee on Copyright and Related Rights met earlier this month, 10 -12 March ...

There continued to be no agreement over a proposed treaty on broadcaster's rights or the performances in audiovisual works, but there are new items on the agenda:

1) a Chilean proposal to improve exceptions and limitations to copyright

2) an EU proposal for resale royalties

3) an EU proposal relating to collective management

4) and EU proposal relating to orphan works; and

5) an EU proposal relating to applicable law ...

Posted at 04:50 PM     Read More   |

Thursday - 07 February, 2008

The embroidered polo logo 

Ziliani imported genuine Polo Ralph Lauren (PRL) garments which he had bought at clearance and other off price sales in the USA.

While some garments apparently only have the polo logo printed on them, others have the logo embroidered using at least 784 stitches.

PRL unsuccessfully sued Ziliani for infringing its copyright ...

Posted at 06:24 PM     Read More   |

Thursday - 31 January, 2008

A-G's enews

The Attorney-General's Department has published the first "enews" for 2008 ... 

Posted at 05:50 PM     Read More   |

Friday - 25 January, 2008

Gowers Review consultations 

The UK Intellectual Property Office has embarked on a two stage consultation process.  The first stage involves the release of a consultation paper on parody, format shifting etc. ...

Posted at 11:19 AM     Read More   |

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