copyright act 1968

What are moral rights?

Moral rights are given to authors of copyright works which were introduced subsequent to the passing of the Copyright Amendment (Moral Rights) Act 2000 (Cth) (Amendment).  This amended the Copyright Act 1968 (Cth) (Act) by inserting sections 189 through to 195AZO.

The Revised Explanatory Memorandum, Copyright Amendment (Moral Rights) Bill 1999 (Cth), which explains Parliaments intention under the Amendment, and section 189 of the Act provide for the addition of three (3) moral rights in respect of authors and performers: [Read more…]

How much copying results in copyright infringement?

Copyright can subsist in many types of works.[1]  Often, the written word will give rise to copyright.  This is known as Literary Works.[2]  However, this also means that infringement of Literary Works is quite common.  This article outlines what may constitute Literary Work and how the Court will assess an alleged infringement. [Read more…]

Palmer breaches copyright – liable for $1.5m AUD in damages

On 30 April 2021 Katzmann J delivered the Federal Court’s judgment in the matter of Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 (UMB).  The case of UMB concerns the infringement of musical and literary works (Works) of Daniel “Dee” Snider (Dee) by Clive Palmer’s United Australia Party’s (UAP/Respondent) multi-media advertising campaign.  UMB considered a complex and detailed fact matrix.   Simply put, the Respondent made use of a short jingle with the lyrics ‘Aussies Not Gonna Cop It’ to the tune of Dee’s ‘We’re Not Gonna Take It’, alongside other similarly reproduced advertisements (Impugned Works), to promote the Respondent’s political objectives. [Read more…]

Website blocking orders – what has to be proven?

Section 115A of the Copyright Act 1968 (Cth) came into effect on 27 June 2015 and was amended on 11 December 2018 by the Copyright Amendment (Online Infringement) Act 2018 (no. 157, 2018) (Online Infringement Act).   The amendments were considered in the case of Australasian Performing Right Association Ltd v Telstra Corporation Ltd [2019] FCA 751 (APRA) which was the first case heard after the 2018 amendments where Justice Perram revisited the factors relevant in determining whether to not to make the orders pursuant to the amended section 115A of the Copyright Act 1968 (Cth) (Act). [Read more…]

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