Archives for January 2020

Innocent infringement of copyright

Under the Copyright Act 1968 (Cth) (Act), copyright infringement occurs regardless of whether it is intentional or not.  Artistic works are particularly susceptible to copyright infringement, because it is possible for two individuals to separately come up with the same idea, reproduce it in a material form, publish it and communicate it to the public.

The result is that an infringer may think they are absolutely entitled to exploit what they consider to be there IP, despite allegations to the contrary.  To deal with this situation, section 115(3) of the Act provides the special defence of “innocent infringement”. [Read more…]

Know-how versus confidential information

In an article entitled “is your confidential information really confidential” we discussed what is and isn’t confidential information and how this term is nearly always misused.  This article discusses a category of confidential information known as “know-how” and what rights employers have over it. [Read more…]

Copyright, code libraries and ownership

In Australia, copyright automatically vests in certain types of literary works, including computer programs and artistic works, upon their creation.  The general rule is that the owner of copyright in a literary or artistic work is the author of that work.[1]  An exception to this rule arises if the work is made by an employee pursuant to the terms of their employment.  In this case, the employer owns the copyright subsisting in the employee-generated work.  However, the distinction of whether an employee has created the work pursuant to the terms of employment, is not always clear.  This issue was considered in the case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 (Redrock). [Read more…]

e-Signatures – legally binding on companies?

The rise of e-signing software such as docuSign (e-signature) has become commonplace for the execution of contracts electronically.  Each state of Australia and the Commonwealth has its own equivalent to the Electronic Transactions Act 2001 (Qld) (ETA).  The use of E-signatures has streamlined the contract execution process, however a recent case in the Supreme Court of South Australia has highlighted their vulnerability.  The decision of Stanley J in Bendigo and Adelaide Bank Limited v Kenneth Ross Pickard [2019] SASC 123 (Adelaide Bank) is illustrative of this. [Read more…]

Proposed standards for online safety

In December 2019, the Australian Government released a discussion paper on a proposed “Online Safety Act” (Proposal) for consultation.  The Proposal is intended to combine and coordinate the existing framework into a single piece of legislation, and provide an update in accordance with the changes in the digital landscape.  The Proposal will encourage businesses trading online to take more responsibility for material on their platforms. [Read more…]

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