Tag:copyright

1
Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia
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Social Media MisuseA Cautionary Tale
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Adopting an “Orphan Works” Scheme: Proposals from the Copyright Amendment Bill 2025 (Cth)
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Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI
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Busted! Melbourne International Film Festival Director Subject to Urgent Interlocutory Injunction Over Moral Rights
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Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training
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No Copyright Protection for Birkenstock Sandals: A Significant Decision from the German Federal Court of Justice
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Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United Kingdom
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US Supreme Court Rules No Three-Year Limit for Copyright Damages
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A Lidl Decision With Big Implications–Court Of Appeal Edition

Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia

The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films1, finding that general moral rights waivers for copyright works are not enforceable.

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Social Media MisuseA Cautionary Tale

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts.

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Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI

The Albanese Government has rejected a proposal to amend Australia’s copyright laws to allow artificial intelligence (AI) systems to freely train on copyright works, according to an official statement released on Sunday.

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Busted! Melbourne International Film Festival Director Subject to Urgent Interlocutory Injunction Over Moral Rights

On 6 August 2025, the Federal Court of Australia (the Court) ordered that Projector Films Pty Ltd and director David Ngo (the Respondents) be stopped from promoting, causing to promote or authorising the Melbourne International Film Festival (the MIFF) to show the documentary titled “Never Get Busted!” unless the Applicant Stephen McCallum was attributed as “Principal Director.”

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Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025.

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No Copyright Protection for Birkenstock Sandals: A Significant Decision from the German Federal Court of Justice

On 20 February 2025, the German Federal Supreme Court (BGH) delivered a landmark ruling in a case concerning the copyright protection of Birkenstock sandals. In its decision, the BGH firmly rejected the claim that Birkenstock’s sandal designs qualify for copyright as “applied art” under German copyright law. This judgment not only clarifies the scope of protection for industrial design works but also contrasts with prior rulings from regional courts in Hamburg and Cologne, highlighting the challenges of determining what constitutes “creative” or “artistic” design in functional products.

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Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United Kingdom

Earlier this week, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.

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US Supreme Court Rules No Three-Year Limit for Copyright Damages

On 9 May 2024, the US Supreme Court (the Court) held that there is no three-year limit on monetary damages for timely filed copyright infringement claims. The 6–3 decision resolves a circuit split, opens the doors to larger potential damages awards for plaintiffs, is likely to lead to increased litigation over older infringements, and leaves open the question of whether the “discovery rule” applies to copyright infringement claims. Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. – (2024).

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A Lidl Decision With Big Implications–Court Of Appeal Edition

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

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