Law Notes Foundations of Intellectual Property Notes
These notes set out the relevant legal principles, and provide succinct fact summaries to demonstrate how those legal principles have been applied in various cases.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address.
You can use these to quickly learn a topic before class (...
The following is a more accessible plain text extract of the PDF sample above, taken from our Foundations of Intellectual Property Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Text Ch 5.1-5.6 & Ch 7
Text Ch 5.7-5.71
Text Ch 5.72-5.98
Text Ch 6.15ff
(3) Issue 3#: Infringement 4
1. Direct infringement 4
(1) Req 1#: Has the D done or authorized the doing of an act comprised in the copyright? 5
Definition of infringement: doing acts comprised in the copyright: s 36, 101 5
(2) The D does an act or authorizes an act comprised in the copyright of the work: s 36 – for what the acts are see s 31 and 101 6
‘Reproducing’ of works? 7
Publication of Works (only applies to first production) 8
29 Publication 8
Performing works in public (ss 31(1)(a)(ii); 27(1); APRA v Tolbush; APRA v CBA) 10
Communication of works to the public (s 31(1)(a)(iv); 31(1)(b)(iii); TELSTRA Corp v APRA; UMA v Cooper) 11
Make an adaptation 11
Direct infringement of SMOW: 12
(3) Req 2#: ‘Substantial Part’ of original subject matter involved: s 14(1); Network Ten 12
2. Indirect infringement of copyright – authorization of infringement 15
Authorisation of infringement ? s 13(2); 36(1)-(1A); 101(1)-(1A) 15
39A Infringing copies made on machines installed in libraries and archives 16
104B Infringing copies made on machines installed in libraries and archives 16
39B Communication by use of certain facilities 17
112E Communication by use of certain facilities 17
Imported an infringing copy 17
Sold, hired out or otherwise traded an infringing copy 17
Permitted (for profit) public entertainment premises to be used for a public performance that infringes copyright? 18
Engaged in unauthorized parallel impotation? 18
Technological protection measures (TPMs) 18
Did the D have actual/constructive knowledge of wrongdoing 18
(4) Issue 4#: Exceptions or Defence to the Infringement? 19
A. Fair dealing 19
B. Performed under License 19
C. Permitted under the Act 19
D. In the Public Interest or Against Public Policy 19
(3) infringement | Infringement: has copyright in the work been infringed? Either (1) direct OR (2) indirect infringement
AND
AND
OR
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Template for answer: Direct infringement has three elements – first, the defendant must have done or authorized an act comprised in the copyright (ss 36(1), 101(1); second, the act must have been done in relation to at least a substantial part of the work (s 14 CA); and third, there must be a causal connection between the copyright work and the copy (Ladbroke).
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Buy the full version of these notes or essay plans and more in our Foundations of Intellectual Property Notes.
These notes set out the relevant legal principles, and provide succinct fact summaries to demonstrate how those legal principles have been applied in various cases.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address.
You can use these to quickly learn a topic before class (...
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