Category: Copyright

1
Changes to the Singapore Copyright Act Come Into Force
2
The Dangers of Informal Licensing Agreements – An Update on the Hardingham v RP Data Case
3
Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents
4
Designs Law Changes Now Enacted in Australia
5
Board of Directors of the Dubai International Financial Centre (DIFC) Authority Issues IP Legislation Update
6
Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?
7
Unicolours v. H&M: Copyright Registration Validity
8
Copyright Infringement? The Court is “Not Gonna Take It”
9
Just One More Thing For Swatch and Apple to Fight About
10
A Fair Use Tale, or All’s Well That Ends: the U.S. Supreme Court Holds Google’s Use of Java Code to Be a Fair Use under U.S. Copyright Law

Changes to the Singapore Copyright Act Come Into Force

On 21 November 2021, the amended Singapore Copyright Act came into force (Amended Act). Major updates were made to the existing Copyright Act in order to enhance protection of copyright in view of the various technological developments. We set out some of the key changes to take note of.

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The Dangers of Informal Licensing Agreements – An Update on the Hardingham v RP Data Case

In February 2020, we wrote about the Federal Court’s decision in Hardingham v RP Data Pty Ltd, in which Justice Thawley held that RP Data (the operator of a real estate commercial information database) did not infringe copyright owned by Real Estate Marketing (REMA) and its sole director, Mr Hardingham, in images and floorplans created for real estate listings. Justice Thawley found that REMA/Mr Hardingham had effectively authorised the use of their copyright materials by RP Data, via a chain of implied licences and sub-licences from REMA/Mr Hardingham to real estate agencies, to the operator of realestate.com.au and ultimately to RP Data. This was despite the fact that there was no clear or written agreement between REMA/Mr Hardingham and the real estate agencies to whom the copyright images and floorplans were supplied.

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Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents

On Friday 29 October, the UK’s Intellectual Property Office (the “UKIPO”) launched a consultation entitled “Artificial Intelligence and IP: copyright and patents” (see here), which closes 11:45pm on 7 January 2022 (London time). The consultation forms part of the UK government’s ‘National Artificial Intelligence (AI) Strategy’ (the “Strategy”), which followed the government’s 2017 Industrial Strategy publication.

The aim of the consultation is to determine the right incentives for Artificial Intelligence (“AI”) development and innovation, while continuing to promote human creativity and innovation.

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Designs Law Changes Now Enacted in Australia

Following on from our article of 15 February 2021, which can be read here, the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 received Royal Assent on 10 September 2021.

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Board of Directors of the Dubai International Financial Centre (DIFC) Authority Issues IP Legislation Update

The Board of Directors of the Dubai International Financial Centre (DIFC) Authority recently issued the DIFC Intellectual Property Regulations (IP Regulations). The IP Regulations took effect on 5 July 2021 and were issued pursuant to the DIFC Intellectual Property Law, DIFC Law No. of 2019 (IP Law).

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Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?

Many companies and activists toe the line of trade mark and copyright infringement in the name of parody, satire and criticism. In Australia, the fair dealing copyright exception for the purpose of parody or satire had rarely been judicially considered. There have now been two recent cases considering the defence.

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Unicolours v. H&M: Copyright Registration Validity

On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915.  With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.

 A copyright registration certificate is not valid if obtained by offering false information and that information, if known, would have resulted in the registration being denied. Under 17 U.S.C. §411(b)(2), where knowingly inaccurate information is included in an application for copyright registration, “the court shall request the Register of Copyrights to advise the court whether the inaccurate information if known, would have caused the Register of Copyrights to refuse the registration.” 

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Copyright Infringement? The Court is “Not Gonna Take It”

A clear cut case of copyright infringement involving Twisted Sister’s hit song “We’re Not Gonna Take It” (WNGTI) has demonstrated the Court’s willingness to award significant financial penalties where intellectual property rights have been “flagrantly” infringed.

In Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434, Justice Katzmann of the Federal Court ordered Australian businessman and United Australia Party (UAP) founder Clive Palmer to pay AU$1.5 million in damages after finding that he had infringed copyright in WNGTI. Katzmann J notably awarded AU$1 million in additional damages, two-thirds of the total award, under section 115(4) of the Copyright Act 1968 (Cth) (Act).

The action was brought against Mr Palmer by joint applicants Universal Music Publishing Pty Ltd and Songs of Universal (collectively, Universal), which are the exclusive Australian licensee and copyright assignee respectively.

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Just One More Thing For Swatch and Apple to Fight About

Since the launch of the Apple Watch in 2015, Swatch, a well-known Swiss watch manufacturer, has been involved in a number of trade mark disputes against Apple regarding their overlapping product markets.

These disputes have concerned the marks ‘I-WATCH’ and ‘I-SWATCH’, ‘TICK DIFFERENT’ and ‘THINK DIFFERENT’ and, more recently, the mark ‘ONE MORE THING’.

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A Fair Use Tale, or All’s Well That Ends: the U.S. Supreme Court Holds Google’s Use of Java Code to Be a Fair Use under U.S. Copyright Law

By: Mark H. WittowPaul J. BrueneTrevor M. Gates

On 5 April 2021, the U.S. Supreme Court resolved a major copyright dispute that had wound through the federal courts for over a decade. In a 6-2 decision written by Justice Breyer, the Supreme Court held that Google’s copying of roughly 11,500 lines of declaring Java code for Google’s mobile Android platform was a fair use as a matter of law and thus not copyright infringement. The decision addresses the application of copyright law to software and updates and extends the Supreme Court’s copyright fair use jurisprudence. Read our recent client alert here.

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