Inspired by developments in the Google book digitisation project, the EU has recently announced initiatives that will further harmonise goals for rules related to book digitisation and access to IP for all EU citizens.  read more »

In a win for funk and a loss for free barking, the singer George Clinton has won a copyright infringement claim and appeal in the US against Universal Music Group (“UMG”) over the use of Clinton’s lyrics “Bow wow wow, yippie yo, yippie yea” (known within “hip” judicial circles as the “Bow Wow Refrain”) in the song “D.O.G in Me” released by hip hop group Public Announcement in 1998  read more »

The Federal Government has announced that there will be no change to the current parallel importation provisions for books under the Copyright Act 1968 and has decided not to commit to a new spending program for Australian authors and publishers, as proposed by the Productivity Commission.

UPDATE: Mallesons Partner Natalie Hickey discusses the implications of the government's decision on Sky Business Channel's Law TV program here.  read more »

Yesterday, the US Supreme Court heard oral arguments from both sides in Bilski v Kappos over whether American law should permit patents for business methods.  Mallesons IP Whiteboard has closely followed the progress of Bernard Bilski and his fight with the US Patent and Trademark Office in relation to whether he is able to patent a business method for structuring transactions to protect against weather-related risk.  read more »

Last month, reports from as far as the Himalayan Times to Caribbean Business reported on a default judgment entered against PepsiCo for US $1.28 billion for apparently 'stealing' an idea to sell purified water from two men. The story so far is a telling reminder to check your mail.  read more »

The band No Doubt has filed a lawsuit against video game creator Activision Blizzard in the US, claiming fraudulent inducement and breach of contract over the video game Band Hero. Besides being upset that their avatars can perform other bands’ songs, No Doubt’s main gripe is that some of the songs are "not appropriate" such as "Honky Tonky Woman" by the Rolling Stones and "I heard it through the Grape Vine".  But what sort of action could No Doubt bring in Australia for this kind of virtual complaint?  read more »

A long time ago in a land far, far away, film director George Lucas created the space epic Star Wars.  In 2008, Lucas brought proceedings against the creater of the storm trooper uniforms in the High Court of England and Wales, arguing that the continued reproduction of the costumes infringed his copyright.  read more »

Section 128 of the Copyright Act creates presumptions of subsistence and ownership of copyright where an author’s name does not appear on a work, but the name of a publisher does.  Is this the forgotten section of the Act?  read more »

Is there any way to predict the amount that could be awarded for additional damages under the Copyright Act? A recent review of Australian additional damages cases has shown that the awards can range from 10% to 174% of the compensatory damages awarded - making it extremely difficult to advise clients about their potential risk exposure!  read more »