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Misuse of confidential information within source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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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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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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Patentability of computer-implemented inventions
The question of patentability of so called “computer-implemented” inventions has been the subject of legal debate in Australia for a number of years. The September 2018 of the Full Court of the Federal Court in Encompass Corporation Pty Ltd v Infotrack Pty Ltd [2019] FCAFC 161 was long anticipated by intellectual property lawyers and patent…
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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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