Law Notes Intellectual Property 1 (Copyright) Notes
Detailed cases and materials summary which were instrumental in securing top of subject in 2012. Structure of notes:
Class 1: introduction to Copyright: History, Basic Principles and Subsistence
Class 2: Subsistence Continued; Literary Works
Class 3: Dramatic, Musical and Artistic Works
Class 4: Subject matter other than works
Class 5: Ownership, Duration and Exploitation
Class 6: Direct Infringement
Class 7: Authorisation of Infringement; Indirect Infringement; Paracopyright
Class 8: E...
The following is a more accessible plain text extract of the PDF sample above, taken from our Intellectual Property 1 (Copyright) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Sometimes the transaction costs incurred in pursuing individual infringers makes it cost prohibitive – authorisation provisions direct the energies of third parties to assist with the enforcement of copyright where they are involved in the infringement
But since taking this role increases their costs and complicates their relations with customers, they are often very reluctant to take on a high level of involvement in investigating and pursuing alleged infringers on behalf of copyright owners.
But cf. P2P providers who have developed commercial models that capitalise on the legal difficulties of pursuing infringers in an online environment
S 13(2) Acts comprised in the copyright;
s 36(1A) Infringement by doing acts comprised in the copyright;
s 101(1A) Infringement by doing acts comprised in the copyright
University of New South Wales v Moorhouse (1975) 133 CLR 1 Gibbs CJ summarized some key principles in the law of authorization:
Gibbs CJ expressed a refine version of the principle:
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Some sections comment on the position of libraries:
S 39A – Infringing copies made on machines installed in libraries and archives
s 104B – Infringing copies made on machines installed in libraries and archives
S 39 – Infringement by permitting place of public entertainment to be used for performance of work
Australasian Performing Right Association Ltd v Metro on George Pty Ltd [2004] FCA 1123 Facts: Metro on George (MOG) held regular live performances of music. APRA granted license wrt the whole of its repertoire on a ‘blanket’ basis and had a licenses also for different circumstances. MOG had a venue license for a number of years but in 2002 elected not to renew it and instead rely on contractual clauses shifting the responsibility for copyright licensing to the venue hirer. Bennett J summarized the position of the respondent:
Approval, sanctioning or countenancing The Metro Contract states that they don’t authorize/permit any particular performance, containing copyright material or otherwise, and that the hirer warrants they will ensure all performances comply with the Act. They argued that this brought them within s 36(1A)(c) being reasonable steps to prevent/avoid the doing of the act, being the act comprised in the copyright.
Her honour rejected a submission that knowledge/suspicion of particular acts of infringement were required as being contrary to Moorhouse. After being sent a letter by APRA, in this case, they would have at least had a reason to suspect that works in APRA’s repertoire would be performed, even if there was no knowledge of a particular work. It was also submitted that it would be an extension of principle to find them liable in the... |
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Buy the full version of these notes or essay plans and more in our Intellectual Property 1 (Copyright) Notes.
Detailed cases and materials summary which were instrumental in securing top of subject in 2012. Structure of notes:
Class 1: introduction to Copyright: History, Basic Principles and Subsistence
Class 2: Subsistence Continued; Literary Works
Class 3: Dramatic, Musical and Artistic Works
Class 4: Subject matter other than works
Class 5: Ownership, Duration and Exploitation
Class 6: Direct Infringement
Class 7: Authorisation of Infringement; Indirect Infringement; Paracopyright
Class 8: E...
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