Copyright lawyer

Defending or enforcing your businesses rights in copyright can be critical to ensure that it is protected for its ongoing business success.  This is particularly important for businesses that are involved in licencing or producing copyright works as part of their business model. Dundas Lawyers^® has experience identifying, enforcing and defending copyright infringement proceedings in both the Federal Court of Australia and the Supreme Court of Queensland.  Our skills in forensic investigations and case preparation are particularly relevant in copyright infringement matters.

Does your business need a copyright lawyer?

What has to be proven to establish a breach of copyright?

A summary of the elements to be satisfied to establish a breach of copyright will of course depend on the class of copyright works (Works) that are alleged to have been infringed that may include literary works, computer code, compilations of data and artistic works for example.  Generally, however for an applicant or plaintiff to be successful it must:

• particularise in some detail the specific Works and their precise format that are alleged to have been infringed by the respondent(s);
• establish ownership and originality of the Works in question by stating who the original author is and their relationship with the applicant;
• state how the Works were first published in Australia;
• state how the works in question have been reproduced within the meaning of the Copyright Act 1968 (Cth);
• state how the reproduction of the Works amounts to a “substantial reproduction”;
• particularise how the applicant(s) has or will suffer loss and damage because of the infringement; and
• include any additional circumstances that give rise to additional damages for flagrancy because of the acts of the respondent(s).

Of course, the above is a summary only of the things that must be proven to establish a breach of copyright.  Each case turns on its own facts.

Copyright infringement services by our lawyers

Dundas Lawyers^® are experts in initiating and defending breach of copyright disputes involving various classes of works (including but not limited to):

• Literary Works;
• Compilations of Data;
• Computer code
• Artistic Works; and
• Moral Rights.

Court decisions involving breach of copyright by Dundas Lawyers^®

Dundas Lawyers^® have expertise in both initiating and defending proceedings regarding all type of intellectual property.  Our list of Court decisions involving copyright infringement since 2014 includes:

• Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 – copyright, literary and artistic works, confidential information;
• Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 – breaches of copyright;
• Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited [2021] FCA 294 – website blocking orders, copyright, literary and artistic works, compilations of data, computer code; and
• Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 – copyright, literary and artistic works.

Recent videos on copyright infringement by Dundas Lawyers^®

Disclaimer
This page contains general commentary only about copyright infringement.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

Why choose Dundas Lawyers^® to advise on copyright law?

Having exerted Blood Sweat and Years^® since April 2010, we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business to complete legal forensic investigations and case preparation.  Some of the reasons clients choose Dundas Lawyers^® include:

• our Uncommon business acumen;
• our Uncommon expertise in transactional, compliance and litigious matters;
• our Uncommon expertise forensic case preparation;
• our Uncommon customer focus;
• the fact that we don’t just know law, we know business!
• how we leverage our Uncommon Nous^® to provide client solutions.

Need a copyright lawyer to advise your business?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in initiating or defending allegations of copyright infringement in an Australian Court please phone our team on either 1300 386 529 or 07 3221 0013.

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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Recent insights about copyright infringement