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Proposed changes to copyright for orphan works
On 5 November 2025, the Copyright Amendment Bill 2025 (Cth)(Bill) was introduced to the Federal Parliament to amend the Copyright Act 1968 (Cth)(Copyright Act). The media release to the Bill explained that it proposed two (2) reforms to the Copyright Act by establishing Australia’s first statutory “orphan works” scheme and clarifying the permitted use of…
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Federal Gov rules out copyright text and data mining exception for AI
On 26 October 2025, the Attorney-General, Hon Michelle Rowland MP, published a media release reiterating that the current Federal Government will not introduce a text and data mining (TDM) exception to copyright infringement in the Copyright Act 1968 (Cth) (Copyright Act). The Attorney-General’s Department will instead engage in further consultations with members of the Copyright…
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Malcolm Burrows on ABC’s “Legal Eagles” segment – copyright law and the Anthropic case
On 10 September 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss legal issues associated with copyright subsisting in artificial intelligence (AI) training data.
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Canva – who owns the artwork created by users?
The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act). From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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“User principle” damages in copyright breach cases
The usual position in intellectual property infringement matters is that the successful applicant can elect between an account of profits or damages. However, what if the applicant has not suffered any direct loss as a result of the actions of the respondent that is held to have infringed its copyright?
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Ed Sheeran wins “Shape of You” copyright case
This article examines the legal test for copyright infringement in Australia, using Ed Sheeran’s Court case in the UK as an example. Find out how the Courts determine when a song is a copy of another and what the implications are for musicians.
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Hermès sues artist over NFT “Birkin” bags
Explore the implications of virtual artworks created with the help of non-fungible tokens (NFTs) and how this has caused a legal battle between a renowned fashion house and an American artist. Learn more about the copyright and trade mark infringement issues, and the implications of this case for the future of digital art.
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Do I have an implied licence for software?
This article examines the implications of a Federal Court case, which awarded over $1.1 million in damages for unlicensed software use. Learn more about the decision and key principles for software licencing that businesses should consider.
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