December 16, 2016 8:00 AM | Posted by Helen Lauder & John Fairbairn | Permalink
Foxtel and a number of movie studios have secured the first site blocking orders in Australia.  The orders require the major Australian ISPs, on a no fault basis, to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie.  It is a positive step for creative industries and their ongoing initiatives to stop illegitimate free sources of their content. read more
December 15, 2015 12:44 PM | Posted by James Patto & Paul Kallenbach | Permalink
April 7, 2015 9:38 AM | Posted by McCubbin, George | Permalink
In Pocketful of Tunes Pty Ltd v The Commonwealth of Australia [2015] ACopyT 1, Justice Bennett (President) of the Copyright Tribunal of Australia had to assess compensation for the unlicensed use of a song by the Commonwealth. read more
December 22, 2014 11:14 AM | Posted by Rob Deev & Paul Kallenbach | Permalink
Although hyperlinks are a useful tool by which online publishers can generate exposure of their own material, they may also subject publishers to the risk of defamation proceedings.  Both the NSW and Victorian Supreme Courts have recently considered whether the inclusion of a hyperlink in an online publication amounts to publication of that linked article by the linking author - an issue that is significant in circumstances where the linked article contains defamatory material. read more
August 25, 2014 8:00 AM | Posted by Paul Crossley | Permalink

The internet may allow new voices to be heard, but it also exposes all types of businesses, not just traditional publishers, to the risk of costly defamation proceedings for content accessed through their websites. The NSW Supreme Court has recently examined the limits that may be imposed on defamation actions arising out of online publications. 

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July 15, 2014 3:26 PM | Posted by Tsang, Gilbert | Permalink
The risk of failing to establish that a competitor has engaged in trade mark infringement is magnified when a registered trade mark owner has opted to use highly descriptive words, synonymous with the relevant field of business as, or as part of, their trade mark.  In a recent appeal decision, the Full Court of the Federal Court of Australia upheld a decision that a composite registered device trade mark containing the words "LIFTSHOP" was not infringed by a competitor who included the words "Lift Shop" in the title of their web page when shown in a page of search results.  The Full Court's decision was based on a finding that the trade mark owner had not shown that the use of the words "Lift Shop" in the search results page amounted to use "as a trade mark". read more
June 18, 2014 4:52 PM | Posted by Charles Alexander | Permalink
After a lengthy investigation, the ACCC has again authorised APRA's licensing arrangements for five years, but subject to some important conditions. read more
April 17, 2014 11:43 AM | Posted by Helen Paterson, Emily Hawcroft | Permalink

On 19 March 2014, the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Bill 2014 (Bill) was introduced into Parliament.  This Bill is the first tranche of reforms to be implemented in response to the ALRC's Report 'Classification – Content Regulation and Convergent Media (ALRC Report 118)'.

The Bill aims to reduce administrative red tape and regulatory burden, making it easier for industry to comply with classification laws.

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April 3, 2014 5:37 PM | Posted by Charles Alexander | Permalink
On Monday, the Australian Law Reform Commission issued a Discussion Paper on measures which may be taken to counter serious invasions of privacy in the digital era. The Paper contains 50 proposals and a number of questions on which it seeks response. read more
October 22, 2012 4:41 PM | Posted by Tarryn Ryan and Paul Kallenbach | Permalink
A Bill which would regulate the availability of R18+ computer games in Victoria is currently before the Victorian Parliament. read more
August 28, 2012 5:24 PM | Posted by Genevieve Watt and Paul Kallenbach | Permalink
Three recent Canadian Supreme Court decisions involving the Society of Composers, Authors and Music Publishers of Canada (SOCAN) have tested the application of the fair dealing provisions in the Canadian Copyright Act, R.S.C 1985, c. C-42 to relatively new technologies including music streaming, internet sales of video games and free previews of musical works on music publishing sites. These cases test the boundaries of the principle of technological neutrality and raise interesting issues that Australian courts may well need to consider at some stage. read more
August 8, 2012 10:29 AM | Posted by Kate Vaughan and Anthony Borgese | Permalink
Last month, the Advertising Standards Bureau (ASB) made two determinations that will change the way businesses use Facebook to promote brands. read more
July 11, 2012 11:28 AM | Posted by Ben Wong and Paul Kallenbach | Permalink
In the recent decision of Warman v Fournier [2012] FC 803, the Federal Court of Canada considered alleged copyright infringement for linking and posting content online. The decision has implications for user generated content on forums, blogs, social media and similar platforms. read more
December 22, 2010 4:07 PM | Posted by Sandip Mukerjea | Permalink
The ongoing saga between members of the St Kilda Football Club and a 17 year old female supporter who claimed earlier this year to be carrying one player's child found a new stage this week – the Federal Court of Australia. read more