Copyright – Page 11 – IP Law Watch

Big News for Manufacturers of Replica Furniture and Decorative Items

Mar 19 2015

Repeal of Section 52 of the UK Copyright, Designs and Patents Act 1988

The arco lamp (Castiglioni brothers) and the butterfly chair (Lucian Ercolani, founder of Ercol) are two examples of iconic products, which, until a recently announced change in the law, would not have been able to receive the full duration of copyright protection in the United Kingdom.

In the United Kingdom, as in many other countries, copyright protects an article for the creator’s life plus 70 years. However, there are exceptions, including Section 52 of the UK Copyright Designs and Patents Act (CDPA) 1988 which limits protection to 25 years for industrially manufactured copies. Read More

After Nine Year Battle, Appeals Court Upholds US$540,000 Award to Sculptor for Use of Memorial Images on U.S. Postage Stamp

Mar 05 2015

A long litigation battle by sculptor Frank Gaylord against the U.S. government has resulted in the confirmation of an award of more than US$540,000. In 1990, Mr. Gaylord won a competition to work on a federal memorial to veterans of the Korean War (Memorial), which had been authorized by the U.S. Congress. Ultimately, the Memorial comprised 19 stainless steel statues, designed to represent a platoon of soldiers in formation on the ground. The Memorial was completed, installed, and opened to the public in Washington, DC, in 1995. Mr. Gaylord filed a number of copyright registrations, covering the various statues. Read More

Australian Government Reveals Plan to Crackdown on Online Piracy – but not too Hard!

Dec 16 2014

The Australian Government announced last week that it will implement measures proposed by Attorney General, George Brandis, and the Australian Minister for Communications, Malcolm Turnbull, to reduce “high levels of online copyright infringement”.

The announcement is timely – given the owners of the film Dallas Buyers Club issue of proceedings in the Federal Court of Australia in November, against five internet service providers (ISPs) including iiNet, seeking orders to have the ISPs disclose the identities of alleged pirates. Read More

Big Data Round-Ups

Dec 02 2014

Our October 30th blog introduced and explained the concept of Big Data. Here we look at some of the pitfalls of collecting the massive amounts of small data that combine to become Big Data. We imagine the ranges of bits and bytes of small data that combine to create Big Data as herds of grazing horses susceptible to round up and inclusion in a Big Data corral. Read More

Copyright Reform in the European Union: Big Changes Announced, but are They Possible?

Nov 27 2014

The new European Commission President, Jean Claude Junker, included in his October 22nd inaugural speech as his second priority an “impulse to Europe’s Digital Single Market”, which should include “modernising copyright rules in the light of the digital revolution and changed consumer behaviour”. Read More

AUD50,000+ Reasons for Employees to Think Twice About Their Employer’s Copyright Works and Confidential Information

Nov 21 2014

Employees often like to take a little with them when leaving employment, some might say as a ‘memento’, others might say as outright theft of the intellectual property of their employer. In a recent decision, an ex employee was ordered to pay his former employer AUD50,000 in damages for copying over 60GB of data prior to leaving his job to work for a competitor.

First Case of Suspected Copyright Infringement on Discussion Forum Detected by Hong Kong Customs Using New Monitoring System

Nov 18 2014

A man was arrested by Hong Kong Customs (Customs) for uploading a large amount of suspected infringing copyright works to the internet for financial gain. The automatic monitoring system, called Lineament Monitoring System 1 Plus (LMS1+), searches discussion forums, captures evidence related to selected messages and performs automatic downloads for further analysis. LMS1+ alerts Customs officers of suspected cases to conduct a more thorough investigation. Read More

Downloaded Dallas Buyers Club? The Bill is in the Mail

Nov 04 2014

The film Dallas Buyers Club won critical acclaim and earned Matthew McConaughey and Jared Leto Academy Awards for Best Actor and Best Supporting Actor respectively. Now the rights holder of the film, Dallas Buyers Club LLC, is looking to pursue Australians who it believes have illegally downloaded the film.

The company has issued proceedings in the Federal Court of Australia against iiNet Limited and four other internet service providers, seeking orders to have them disclose the identities of the alleged pirates. iiNet has indicated that it will defend the action. Read More

Parody Comes to the United Kingdom

Oct 29 2014

The United States has given us the Scary Movie films, Meet the Spartans and Date Movie. Why has the United Kingdom not produced anything similar? Maybe it is because they were not the greatest of films, but more likely it is because, up until 1 October 2014, the United Kingdom did not have a parody exception to copyright infringement. The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force and state that “Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work”. Read More

The Debate Continues: What is a ‘Transformative Use’ for ‘Fair Use’ Purposes

Oct 01 2014

In a recent decision by the U.S. Circuit Court of Appeals for the Seventh Circuit (Seventh Circuit), Judge Frank Easterbrook expressly joined the ongoing debate over the scope of ‘transformative use’ analysis in the ‘fair use’ defense to copyright infringement. In Kienitz v. Sconnie Nation LLC, the court reviewed the trial court’s determination that the using of a photograph of the mayor of Madison, Wisconsin, on a critical T-shirt was ‘fair use’ and did not create liability under the Copyright Act. In finding ‘fair use’, the trial court found support in the recent opinion in Cariou v. Prince, in which the U.S. Circuit Court of Appeals for the Second Circuit held that the use of a photographic image in a work of ‘appropriation art’ was ‘transformative’ and thus a ‘fair use’.

Category:Copyright