Partnering with clients to provide on-demand contract lawyers, giving in-house legal teams the confidence to be agile.
Our copyright team advises, litigates, negotiates and assists on all aspects of copyright. We apply our broad technical knowledge, built over decades of complex advisory work and corporate copyright disputes, with a keen understanding of clients’ commercial objectives and business priorities. Our team works with clients in the education, research, technology, entertainment, fitness, media and telecommunications industries, often on matters that cross international borders.
We also frequently assist clients in the Copyright Tribunal in relation to their use of copyright material. We have a strong track record in negotiating with copyright collecting societies and have acted in proceedings in the High Court of Australia on copyright matters. The diversity of our practice enables us to embrace every challenge and apply commercial know-how to increase clients’ profits and reduce costs.
Developments in technology and its use by both business and consumers have continued to challenge copyright law this year. Most notably, we have seen Dallas Buyers Club LLC's attempts to obtain details of individual copyright infringers through their ISPs which, in turn, has led to the development of a 'three strikes' copyright infringement notice scheme by Communications Alliance and the introduction of website blocking legislation. There have also been a number of other interesting cases which test the boundaries of copyright law, and its ability to protect rights holders.
On 27 April 2012, the Full Court of the Federal Court allowed an appeal concerning the legality of the Optus TV Now service, which enables users to remotely record television broadcasts and watch them on their computer or handheld device. The Full Court held that Optus made the copies of the programs and consequently infringed copyright in the broadcasts. The decision has implications for providers of cloud storage services.
On 12 October 2011 the Hon. Robert McClelland MP, Commonwealth Attorney General, launched a public consultation paper proposing amendments to Part V Division 2AA of the Copyright Act 1968 (Cth)to extend the application of the safe harbour scheme to entities providing network access and online services.
The Federal Court handed down two significant copyright decisions yesterday: Roadshow Films Pty Ltd v iiNet Limited and Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited.