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“Sample” leaves DJ in red for damages for infringement of rapper's moral rights

  • Davies Collison Cave
  • -
  • Australia
  • -
  • March 27 2012

In an Australian first, the Federal Magistrates Court of Australia has ordered an award of damages to an internationally renowned raphip-hop artist known as “Pitbull” (aka, Mr Armando Perez) for infringement of his moral right of integrity of authorship by a Perth DJ known as “DJ Suave” (aka, Mr Jaime Fernandez

Copyright claim against ABC TV’s rage turns on ownership

  • Davies Collison Cave
  • -
  • Australia
  • -
  • November 17 2010

A recent decision of the Federal Court emphasises two key factors that copyright litigants should keep in mind: they must be able to establish they performed the acts that qualify them as owners of the copyright they claim has been infringed, and they must bring their claim within six years of the infringement

Chemist Warehouse web pages fall foul of TGA's advertising laws

  • Davies Collison Cave
  • -
  • Australia
  • -
  • February 6 2014

He Therapeutic Products Advertising Complaints Resolution Panel has requested that Chemist Warehouse formally retract "health information" web pages

AFACT loses copyright appeal: full federal court finds iiNet did not authorise infringement

  • Davies Collison Cave
  • -
  • Australia
  • -
  • February 25 2011

In a landmark 2-1 decision (Jagot J dissenting) with three separate judgments, the Full Federal Court yesterday dismissed an appeal against last year's decision that found internet service provider iiNet was not liable for the infringement of copyright by its users

Three strikes policy for copyright infringement lands in New Zealand. Is Australia next?

  • Davies Collison Cave
  • -
  • Australia, New Zealand
  • -
  • May 30 2011

The New Zealand parliament has amended the Copyright Act 1994 (NZ) to introduce a 'three strikes' policy towards infringing file sharing that will see repeat infringers fined NZ$15,000 or disconnected from the internet for up to six months

End of the road for Roadshow: iiNet did not authorise copyright infringement

  • Davies Collison Cave
  • -
  • Australia
  • -
  • May 9 2012

On 20 April, the High Court of Australia delivered a long awaited judgment to finally determine the four-year copyright dispute between internet service provider (ISP) iiNet, and 34 Australian and United States movie studios

Federal court: cartridge reseller copied compilation of printer compatibility and misled with ‘Australian product’ claims

  • Davies Collison Cave
  • -
  • Australia
  • -
  • May 2 2011

A recent dispute between two printer cartridge resellers has demonstrated the types of human effort that must be shown in the development of any compilation for which copyright protection is sought, as well as the types of product origin claims that Courts will consider to mislead and deceive consumers in contravention of the Trade Practices Act 1974 (Cth) (now the Australian Consumer Law

NRL and AFL victorious on appeal: Optus TV now found to infringe copyright

  • Davies Collison Cave
  • -
  • Australia
  • -
  • April 27 2012

The Federal Court of Australia has this morning handed down an eagerly awaited judgment concerning Optus’ cloud-based recording service, TV Now

In brief: Fairfax Media v Reed International

  • Davies Collison Cave
  • -
  • Australia
  • -
  • September 9 2010

The Federal Court has denied relief to Fairfax Media in its claim for copyright infringement against Reed International's ABIX service, which reproduced headlines from the Australian Financial Review ('AFR'

Roadshow v iiNet: landmark copyright infringement authorisation case set for High Court

  • Davies Collison Cave
  • -
  • Australia
  • -
  • September 8 2011

The Australian High Court has granted special leave to Roadshow Films and other members of the Australian Federation against Copyright Theft (AFACT) to appeal the decision of the Full Federal Court handed down in February this year, in the long-running copyright dispute with Australian internet service provider iiNet