Proposed amendments to the Copyright Act 1968 (Cth)

On 29 March 2017, the Copyright Amendment (Disability Access and Other Measures) Bill 2017 (Bill) was introduced to the Senate.  The Bill proposes to amend the Copyright Act 1968 (Cth) (Act) to allow for new situations where the use of copyright material will not result in an infringement of copyright, and to change the standard terms of copyright duration.  The Bill’s Explanatory Memorandum sets out that these amendments aim to: [Read more…]

Groundless threats of copyright infringement

It is often argued that intellectual property rights create an imbalance of power that is open to abuse by rights holders.  In an effort to counter this, section 202(1) of the Copyright Act 1968 (Cth) (Act) provides remedies for groundless threats of legal proceedings for copyright infringement.  This article will discuss the elements that define a threat as “groundless” and the remedies available when such a threat is made. [Read more…]

Dallas Buyers Club gets preliminary discovery

The Federal Court of Australia in Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 recently granted an application for preliminary discovery made by companies associated with the film “Dallas Buyers Club”. The applicants were seeking the identity of a number of Australian Internet users who allegedly infringed copyright in the film by downloading and making it available for download on the Internet via the BitTorrent peer-to-peer file sharing protocol. [Read more…]

Copyright in artistic works

copyright symbolWhat is an artistic work?

We commonly think of an artistic work as a painting or sculpture, however an artistic work may take various other forms. Artistic works are protected by various statutory rights pursuant to section 32 of the Copyright Act 1968 (Cth)(Act). Some examples provided by this section include:

  • paintings and drawings;
  • sculptures;
  • craft work;
  • architectural plans and buildings; and
  • photographs; and maps and plans.

[Read more…]

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