Copyright Act 1968 (Cth)

Implied terms in copyright licences

In the generation of software licencing, online subscriptions and software as a service (Saas Contracts), terms and conditions are often agreed to without ever being read and understood.  The case of Hardingham v RP Data Pty Ltd [2019] FCA 2075 has demonstrated why it is essential for content creators to develop standard terms and conditions when providing services, especially when those services lead to the creation of intellectual property. [Read more…]

s115A Copyright Act – infringement outside Australia

Section 115A of the Copyright Act 1968 (Cth) came into effect on 27 June 2015 and was amended on 11 December 2018 pursuant to the Copyright Amendment (Online Infringement) Act 2018 (no. 157, 2018) (Online Infringement Act).  The effect of the amendments as described in the Explanatory Memorandum to the Bill were to amend the threshold test from ‘primary purpose’ to ‘primary effect’, add a rebuttable presumption that an alleged ‘online location’ is located outside Australia, to extend the scope to online search engines (Deindexing Orders) and allow the Court to make “more responsive” orders in terms of injunctive relief. [Read more…]

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