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Results: 1-10 of 36

High court denies Optus leave to appeal TV Now copyright decision
  • Davies Collison Cave
  • Australia
  • October 2 2012

In September, the High Court consisting of Justices Gummow, Bell and Hayne refused to grant Optus special leave to appeal the decision of the Full Federal Court of Australia in the Optus TV Now case


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


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'


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


Full Court decides on appeal that a substantial part of “Kookaburra” was copied in Men at Work’s “Down Under”
  • Davies Collison Cave
  • Australia
  • June 21 2011

The battle between two iconic Australian musical works continued in the appeal proceedings before the full Court of the federal Court of Australia comprising Justices Emmett, Jagot and Nicholas


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


UK High Court finds copyright in newspaper headlines; Fairfax distinguished
  • Davies Collison Cave
  • Australia, United Kingdom
  • December 14 2010

In a decision with strikingly similar facts yet markedly different findings to September's Federal Court decision of Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd, the UK High Court has ruled that newspaper headlines are capable of copyright protection and that users of online media-monitoring services will infringe the copyright of newspaper publishers unless they obtain an appropriate licence


The federal court ushers newspapers into the IceTV age
  • Davies Collison Cave
  • Australia
  • December 8 2010

In a decision with far-reaching implications for Australia's creative and media industries, Justice Bennett of the Federal Court has recently ruled that newspaper headlines do not, as a class, enjoy copyright protection


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


Google faces French copyright fine for not removing infringing videos
  • Davies Collison Cave
  • France
  • March 24 2011

Less than two weeks after Attorney-General Robert McLelland flagged the expansion of Australia's safe-harbour protections to include user-generated content distributors such as Google and Yahoo!, a Paris appeals court has found that Google infringed the copyrights of three documentary producers and an unidentified photographer, despite the availability of a similar 'mere conduit' defence under the European Directive on Electronic Commerce