We’ve posted on some of them already, but check out the list of “Ten Famous Intellectual Property Disputes” compiled by Megan Gambino of Smithsonian Magazine. read more »
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In news just to hand, the Australian Federation Against Copyright Theft ("AFACT") has issued a press release on its website confirming that the film companies which brought proceedings against ISP, iiNet, in 2008 have lodged an application for special leave to appeal to the High Court of Australia. read more »
Highly unlikely. But, could copyright subsist in a wildflower garden ‘installed’ by a genuine and recognised artiste? According to a US Court, the answer is a resounding “No”. Nevertheless, the decision throws up some interesting issues as to when (what many would consider to be) an artistic work will be protectable under copyright. read more »
Locked away for over a century, Mark Twain’s autobiography will be published for the first time next month. Why the delay? Despite completing the work before his death in 1910, Twain instructed his publishers not to release it for a hundred years. The story goes that Twain wanted to ensure that anyone he poked fun at, ridiculed or (possibly!) defamed, had - like him - well and truly passed on to the next life by the time copies hit the shelves. Cynics, of course, might argue that Twain’s wish only served to ensure that the release of his autobiography would attract as much publicity as possible - even if this meant delaying its publication until the twenty-first century. Whatever the reason, the first publication of a work 100 years after the author’s death gives rise to some rarely-posed questions in copyright law… read more »
(Now that we have your attention!…) Earlier this year, we blogged on the Advertising Standards Bureau ("ASB"), the organisation responsible for administering a national system of advertising self-regulation, mainly through its Advertising Standards Board ("Board"). We've now had a look at how the Board dealt with the 47 complaints it considered in March this year, and there are some interesting lessons. read more »
Summary judgment against one of the last remaining free file-sharing giants was handed down by the US District Court in New York last week. LimeWire has continued to facilitate free music and movie file-sharing over the last decade, while its competitors (such as Napster and Kazaa) have been forced to shut down. Following a four year legal battle commenced by 13 major US record labels, LimeWire has now been found liable for inducing copyright infringement. read more »
According to a recent news report, ‘Mardi Gras Indians’ in New Orleans have begun filing for copyright protection in their ceremonial suits. Three times a year, members of local tribes don their elaborate costumes and parade down the city’s streets. However, tired of being ‘exploited’ by the ever-increasing number of photographers who use their images to create calendars and expensive prints, some Mardi Gras Indians have sought legal protection in their suits. read more »
Residents of Metropolis take note… your illustrious superhero is the subject of an American copyright dispute on course for the federal court in ‘downtown’ Manhattan. Even Superman may be powerless to stop this battle, which has broken out between comic book publisher, Marvel Entertainment LLC, and the heirs of Jack Kirby (long-time Marvel artist and responsible for creating many superhero favourites). read more »
Twenty-six years ago, Peter McRae took part of his name, part of his partner’s name (Paprota) and started his own business. The result was a small Melbourne-based computer company called “Macpro”. Yet, “Macpro” was not registered as a trade mark. Now, Apple’s “Mac Pro” computers are world famous and a dispute between Peter McRae and the American computing giant has reached the Federal Court. 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 »