Drake IP Roundtable 2013: Tonya Evans: Safe harbor for the innocent infringer in the digital age

Liveblogged from Drake IP Roundtable 2013. Tonya Evans notes that copyright has always limited remedies against innocent infringers, but that this is more difficult in the digital age. Evans is particularly concerned about how users are deemed to know that acts are infringing – it is deemed adequate notice if there are copyright notices on Read more about Drake IP Roundtable 2013: Tonya Evans: Safe harbor for the innocent infringer in the digital age[…]

CCI submission to ALRC Copyright Inquiry

The ARC Centre of Excellence for Creative Industries and Innovation (CCI) has made a submission to the Australian Law Reform Commission’s review of Copyright and the Digital Economy. Our submission can be viewed hereor downloaded from the ALRC web site. The main points of the submission were: There is little evidence in Australia or elsewhere Read more about CCI submission to ALRC Copyright Inquiry[…]

ALRC Copyright Exceptions Review submission

My submission to the ALRC Copyright Exceptions Review issues paper is available here. In the submission, I argue that: Australia should introduce a transformative use exception. Transformative use is an important part of the copyright balance: it provides a mechanism through which to balance the rights of past authors against the interests of future authors. Read more about ALRC Copyright Exceptions Review submission[…]

Bridy: “Graduated Response American Style: ‘Six Strikes’ Measured Against Five Norms”

Annemarie Bridy has a pre-print posted last month on SSRN that examines the US ‘six strikes’ private graduated response scheme. The paper is a fascinating read for two reasons: it provides a comprehensive overview of the US six strike ‘Copyright Alert System’ (CAS) system; and it provides a good analysis of the system’s impact on Read more about Bridy: “Graduated Response American Style: ‘Six Strikes’ Measured Against Five Norms”[…]

Authors Guild v Hathi Trust: do accessible repositories harm copyright owners?

You may have seen the most recent development in the Google Books litigation: Authors Guild v Hathi Trust. There’s plenty of commentary around, including from the EFF here (full judgment). One of the interesting points to come out of the case is Judge Baer’s finding that creating accessible digital repositories, in order to give access Read more about Authors Guild v Hathi Trust: do accessible repositories harm copyright owners?[…]

Copyright enforcement principles

In a recent publication with Ericsson, we call for more principled development of copyright law and, particularly, greater emphasis on creating cheap, easy, and quick legal distribution channels (as opposed to harsher, cheaper, and quicker enforcement mechanisms). Most of this is pretty straightforward – we need more evidence in our policy development. Importantly, however, we Read more about Copyright enforcement principles[…]

Ninth Circuit reverses MDY v Blizzard (WoW Glider) on Copyright grounds (not DMCA)

The 9th Circuit has reversed the MDY v Blizzard (WoW Glider) case on the secondary copyright infringement grounds (but not one of the DMCA claims). This is important; the district court had held that players infringe Blizzard’s copyright in WoW by playing the game in breach of the rules, primarily because the prohibition on botting Read more about Ninth Circuit reverses MDY v Blizzard (WoW Glider) on Copyright grounds (not DMCA)[…]

Copyright 2010: Moral rights and open licensing; graduated responses and the rule of law

Over the last two days, I have been at the Copyright 2010 Conference hosted by the CIPL at ANU and organised by Dr Matthew Rimmer.

I presented two papers at this conference, one on moral rights and open licensing and another on graduated response schemes and the rule of law.

You can grab my slides for these here:

Abstracts below the fold:
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Casenote: Telstra Corp Ltd v Phone Directories Pty Ltd [2010] FCA 44

Kylie Pappalardo has an excellent case note on Telstra Corp Ltd v Phone Directories Pty Ltd [2010] FCA 44 (Full decision). This case continues the process that began when the High Court tightened the requirements of originality and authorship in IceTV, applying that logic to contain the previous FCAFC authority of Telstra v Desktop Marketing Read more about Casenote: Telstra Corp Ltd v Phone Directories Pty Ltd [2010] FCA 44[…]

Big news: Fed Court of Australia rules no copyright in telephone directories

Warwick Rothnie is reporting that the Federal Court has declined to follow Desktop Marketing (which held that telephone directories were protected by copyright in 2002) in light of the High Court’s decision in IceTV (which held that copyright was not infringed by taking time and title information from a timetable). Decision is here: Telstra v Read more about Big news: Fed Court of Australia rules no copyright in telephone directories[…]