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Helping you navigate the complexity of copyright to protect the value of your business

Copyright

The topic of copyright can leave organisations feeling overwhelmed due to the complex nature of rights and licences, pricing, the scale of use or misuse online, and the underlying risks of litigation. As technology continues to evolve, organisations have further issues to overcome. These include dealing with or avoiding online infringement, the use and misuse of AI, dealing with collective licensing, combatting piracy and maintaining control over content shared internationally.

We advise copyright owners and copyright users on these issues across a range of sectors. We have acted extensively for clients in the software, media and entertainment industries, including major sports, subscription television and video on demand providers, free-to-air television, newspaper publishers and radio broadcasters. We also support the copyright needs of the Education sector, including Government, Catholic and Independent School bodies, in addition to Higher Education.

MEET AN EXPERT

Knowledge and expertise

We work closely with clients across the full scope of their Intellectual Property requirements:

How we can help

Our practice has unparalleled experience acting for both copyright owners and users, and for large industry groups in complex licencing disputes. We have also shaped the remedies available to copyright owners, acting in the original and subsequent development of site blocking applications in Australia.

Our services include:

  • negotiating and representing clients in disputes with copyright collecting societies, including in relation to music licencing;
  • representing clients in complex Copyright Tribunal proceedings, including for representative industry bodies and associations;
  • representing clients in contested Federal Court enforcement and infringement defence proceedings, and in other dispute resolution processes;
  • acting in Full Court of the Federal Court and High Court of Australia appellate proceedings;
  • copyright transactions and licensing; and
  • copyright advisory and counselling.

Case studies

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Government schools copyright negotiations and disputes

Representing all of Australia's schools and TAFEs (except Victorian TAFEs) through the National Copyright Unit (NCU) in their negotiations with various collecting societies including Copyright Agency Limited (Copyright Agency), APRA, AMCOS, PPCA, and the Audio Visual Copyright Society Limited (Screenrights). Acting for all Departments of Education, Catholic and Independent school bodies nationally in Copyright Tribunal proceedings commenced by copyright collecting society, Copyright Agency.


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Foxtel

Represented Foxtel in the first proceedings in the Federal Court to block infamous pirate websites The Pirate Bay, Torrentz, TorrentHound and IsoHunt, and in all subsequent applications . The initial proceeding involved a new and untested section of the Copyright Act 1968 (Cth) (Copyright Act) (s 115A) that allows orders to be made against ISPs to effect the blocking.

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CopyCo

Acting for CopyCo, a joint venture between major Australian newspaper publishers, in the licensing of the publishers' newspaper and magazine content, including to media monitoring organisations, corporations, local government and public relations agencies.


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Stan Entertainment

Acting in proceedings commenced by copyright collecting society APRA | AMCOS seeking to re-set terms on which subscription video on demand services can exercise the copyright in music included in their programming.


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Free TV

Represented Free TV in its dispute with APRA AMCOS in relation to licence fees payable for the broadcast of APRA works.

High-profile copyright disputes

Acted in various high-profile copyright disputes for Australian Hotels Association, Fairfax, Fitness Australia, Foxtel, FreeTV Australia, Live Performance Australia, Commercial Radio Australia and Specsavers.

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https://www.minterellison.com/intellectual-property/copyright