copyright law

The test for infringement of circuit layout rights

Circuit layout rights automatically protect original layout designs for integrated circuits and computer chips under the Circuit Layouts Act 1989 (Cth) (Act).  While this right is a derivative of copyright law principles, they are a separate and unique form of protection.  This article aims to examine the test for infringement of circuit layout rights, which involves four distinct elements such as eligible layout, copying, without authorisation and substantial part.   [Read more…]

Accessory liability for copyright infringement

An accessory is a person or corporation involved in another’s wrong or unlawful act.  The tort of accessory liability is an important area of law allowing claims to be brought against “accessories” who participate in wrongdoings.  This is desirable in circumstances where, for example, the primary wrongdoer is insolvent, lacks capacity, or for some other reason cannot be pursued through regular legal channels.  In such circumstances, it may be just or equitable for a claimant to pursue a third party, the accessory, if they were sufficiently involved in any wrongdoing.  Even in circumstances where the primary wrongdoer can be pursued, accessory liability provides a mechanism for enhancing the protection afforded to holders of legal rights against interference by accessories. [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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