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Assigning intellectual property and the right to sue
This case examines Re Taypar Pty Ltd v Benko Santic [1989] FCA 543, which determined that an assignee of intellectual property rights cannot sue for pre-assignment infringements, unless the assignment explicitly assigns a right to do so.
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Adaptations and computer code – copyright issues
An adaption in copyright is the exclusive right of the owner of the work in question. Section 10 of the Copyright Act 1968 (Cth) (Act) defines adaption as it relates to literary works in dramatic and non-dramatic forms, in a computer program and in relation to a musical work. The rights that apply to adaptions…
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Innocent copyright infringement explained
This article examines the legal defence of “innocent infringement” in the Copyright Act 1968 (Cth). Find out what evidence is needed to prove both the subjective and objective elements of this defence, and learn the key takeaways to consider when using it in copyright disputes.
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Computer code libraries and copyright ownership
The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.
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Software litigation – how much evidence is sufficient?
The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Changes to copyright protection durations
The Australian Government passed a major amendment to the Copyright Act 1968 (Cth) which will have a significant impact on copyright materials. Find out what the changes are and how they may affect you by reading this article.
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Copyright infringement for computer code
Computer code is automatically protected by copyright. Unauthorised reproduction of it may constitute an infringement, as illustrated by two federal cases. To understand copyright infringement with respect to computer code, read “Who owns the code?”
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Who holds ownership of the code?
Understand who owns the computer code used in software development projects. Consider employee or contractor engagement, joint ownership, and assignment of copyright to ensure your project is protected.
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