Topic: Copyright

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Internet (almost) killed the video star: Federal Court grants orders to block ‘ripping’ of music videos

In the age of the internet, music videos have persisted on MTV and numerous other television outlets although they have to an extent been challenged by other forms of high-brow entertainment available. Many of them involve house inspections or the rituals of courtships, and sometimes both. Nevertheless, despite these diversions, the Rage is maintained. Justice … Continue reading

Copyright, “fair use,” and educational institutions

On May 23, 2019, a federal jury unanimously found that the Houston Independent School District willfully infringed 36 of DynaStudy’s copyrighted study guides, and awarded $9.2 million dollars. (DynaStudy, Inc. v. Houston Independent School District, Case No. 4:16-cv-01442 (S.D. Tex. May 23, 2019) (verdict, document #316). As this case illustrates, “educational” use is a very … Continue reading

Shifting Paradigms – A new report for the future of copyright in Canada

Over the past year the House Heritage Committee has been preparing its Shifting Paradigms report which was released in May 2019. The report considers and discusses some of the current challenges and possible solutions pertaining to the ecosystem in which artists work. It also speaks to reinvigorating copyright in Canada. This report is of interest … Continue reading

What lessons can be drawn from the approval of the Directive on Copyright in the digital single market ?

On Monday 15 April 2019, the Council of the EU formally approved the Directive on Copyright in the digital single market which was adopted by the European Parliament on Tuesday 26 March 2019. According to the European Commission, the objective of this Directive is to establish a global framework, within which intellectual creations, authors, content … Continue reading

Are you kicking goals when it comes to social media activity, or heading to the sin bin?

They say that a picture tells a thousand words.  But as became apparent in Australia recently, posting a picture on social media can result in a thousand (derogatory and sexist) words. A photograph posted on Twitter by Seven AFL (taken by photographer Michael Wilson), resulted in Australian female AFLW star, Taylor Harris, hitting all the … Continue reading

Copyright vs Freedom of the Internet: Round 1 just passed the European Parliament

At the end of last month, the European Union Parliament adopted a controversial new “Directive on Copyright in the Digital Single Market” (Directive). One of the stated aims of the Directive is to give copyright holders such as musicians, artists, performers and authors greater bargaining power against tech giants like Google, YouTube and Facebook in … Continue reading

No safe harbour: Online platforms face choppy waters when it comes to copyright infringement

The liability of internet intermediaries for copyright infringement is a hot topic of conversation at the moment, both in Australia and overseas. Sweeping reforms have just been passed by the EU Parliament, and Australian copyright legislation in this area has been the subject of significant judicial consideration in recent years. In this article, we consider … Continue reading

Canada: Further trademark amendments are here — Bill C-86 is given Royal Assent

Canada’s core IP statutes have been amended by Bill C-86, which received Royal Assent as the Budget Implementation Act, 2018, No. 2, SC 2018, c 27 on December 14, 2018. The final version of the legislation includes amendments to the Trade-marks Act that are substantially identical to the version that received first reading on October … Continue reading

Recent developments for IPR protection in China

On November 5th 2018, at the inauguration ceremony of the first-ever China International Import Expo held in Shanghai, President Xi Jinping reassured investors, especially foreign enterprises, on the administration’s determination to protect their intellectual property rights in China. In the speech, President Xi announced that in order to significantly increase the cost of infringing IPR … Continue reading

Bill C-86 — significant changes to Canada’s IP regime

The federal government’s recent omnibus budget bill, Bill C-86 tabled October 29th, 2018, proposes significant changes to Canada’s IP laws. Division 7 of the Bill is intended to implement many aspects of the government’s IP strategy announced in April 2018, and targets the Patent Act, the Trade-marks Act, and Copyright Act; provides for a new … Continue reading

Wolverhampton Wanderers

Wolves bare their fangs over copyright infringement claim You’d think that newly promoted Wolverhampton Wanderers would have enough on their plate just ensuring survival in the Premiership. Unfortunately, the club now has another worry given that it has been sued in the intellectual property courts in London by an individual who claims copyright in the … Continue reading

Copyright, cryptocurrency and video games

Video games, such as Grand Theft Auto®, remain popular around the globe, and two recent matters made headlines on two different aspects of the games: copyright and cryptocurrency. Copyright On August 16, 2018, the federal trial court in Manhattan issued a ruling in a case involving the video game “Grand Theft Auto V” (“GTAV”) and … Continue reading

Amended Australian IP laws receive Royal Assent with little fanfare

On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day. As the name indicates, the primary focus of the new legislation is to implement the recommendations made … Continue reading

Public laws, private standards and copyright “fair use”

On July 17, 2018, the federal appeals court located in Washington, D.C. issued a ruling in a case involving an intersection of copyrighted material (standards) and non-copyrightable material (laws and regulations). The appeals court remanded the matter back to the trial court, to determine under what circumstances a non-profit organization could publish private standards as … Continue reading

Trial Court ruling: game over Team Copyright

We had previously covered the March 22, 2017 U.S. Supreme Court copyright ruling on designs on cheerleader uniforms. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the U.S. Supreme Court ruled that the two-dimensional designs on cheerleaders uniforms were at least in theory eligible for copyright protection. On August 10, 2017, seven … Continue reading

Get your IP game on: intellectual property protection and video games

The video game industry around the world and in Canada is booming. Not only does this market create new and varied forms of entertainment, it also creates jobs and generates staggering sales revenues. Industry statistics for the United States show sales of computer and video games having increased from $10.1 billion in 2009 to $24.5 … Continue reading

Promoting an innovation economy – Australian Government responds to Productivity Commission’s report into IP arrangements

We recently published an article on the potential impact on the Productivity Commission’s Inquiry Report on Intellectual Property Arrangements (Report) on Australia’s innovation economy. The Australian Government has now responded to the Report, supporting the Commission’s recommendations to reform the patent system, but stopping short of embracing the extensive copyright overhaul recommended in the Report, … Continue reading

US Copyright Office and electronic signatures

On May 18, 2017, the US Copyright Office proposed some regulatory changes in its requirement for a handwritten, wet signature in order to a record a document with the Copyright Office. The Copyright Office has proposed permitting electronic signatures in certain circumstances. Background In the US, the Copyright Office receives three types of documents for … Continue reading

Maximise your IP to enhance franchise value

Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP.  Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or confidential information) in return for a fee, and franchisees benefit by obtaining the benefit of an established … Continue reading

Go Team Copyright!

On March 22, 2017, while millions of viewers were watching U.S. college basketball teams vie for the national championship, the uniforms worn by the cheerleaders became the focus of a U.S. Supreme Court copyright ruling. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the Supreme Court ruled that the two-dimensional designs on … Continue reading
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