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BUS 209E Marketing & Advertising Law

Group Presentation

1) 2) 3) 4) 5) Lim Wanyi Aisah Mandy Ng Chen Yian Jordan Koh 3170 9002 3168 4203 3168 4221 3169 0443 3154 8196

McCurry V Mcdonalds?

Subway V Subway Niche?

Apple V Samsung?

DVD V Online Downloads?

Anil Dube V Jordan Koh?

What is Copyright?

Copyright does not protect the idea but the expression of that idea. Copyright Act 1968 (Cth) provides that copyright only subsist in original works in material form.

Material Forms of Copyright

s10 defines material form as any form (whether visible or not) of storage of the work
In other words, to be put into a fixed form capable of being copied.

Original literary works, dramatic works, musical works, and artistic works Originality of an author = sufficient independent intellectual effort and skill + not copied. Originality does not need novelty, merit, inventive, or artistic values (unless it is an artistic work).

Thinking Round I
Example: If we were to reproduce a play by William Shakespeare, Macbeth (1603-1606). Would we infringing copyright law? Yes or No?
No, because expiry of copyright validity for plays is 70 years after the death of playwright and it is hard to copy the original play since it was in the 1600s. Yes, if we were to reproduce it by copying another persons idea.

Thinking Round II
Example: If a reporter publishes an interview done a few months before and subsequently want to use the same story for another purpose but did not gain permission from the interviewee, would he breach copyright law if he were to publish it anyway? Answer: No. Original works of the article belongs to the reporter not the interviewee. (Case: Donoghue v Allied Newspaper)

Direct Copyright Infringement

Bright Tunes Music Corporation V Harrisongs Music Ltd 722 F 2d 988 (2d Cir 1983)
In 1962, the Chiffons recorded Hes So Fine which was owned by Bright Tunes. In 1971, George Harrison produced My Sweet Lord. Both songs had similar background vocal. Decision: George Harrison had subconsciously copied the song. He had infringed the Copyright Act.

Direct Copyright Infringement

Henley Arch Pty Ltd v Tamawood Pty Ltd [2003] FCA 204
Ms Gould had expressed interest in the Chirnside by Henley Arch She later consulted Tamawood to design her house (The Gould) as well High degree of similarity between the 2 houses Decision: Tamawood has infringed the Copyright Act

Indirect Copyright Infringement

Universal Music Australia Pty Ltd V Sharman License Holdings Ltd [2005] FCA 1242
Sharman is the operator of Kazaa P2P file sharing system Kazaa users infringed the copyright act There are warnings on Kazaa website and end user license agreement Join the Revolution ad campaign Decision: Sharman had infringed the Copyright Act

Indirect Copyright Infringement

The Polo/Lauren Company V Ziliani Holdings [2008] FCA 49
Ziliani imported authentic Ralph Lauren garments which bore the polo player logo for sale in Australia S77 The Polo player logo was a corresponding design S44C - Polo player logo was a non-fringing accessory

Decision: Ziliani did not infringe the Copyright Act

Copyright helps to protect the creator. Important in industries which deals with music, books, computers and advertising. Businesses must be careful and avoid direct and indirect infringements of copyrights. In order to be protected, work has to be expressed in a tangible form such as in a recording or in writing.

For All
There is no international copyright, they are protected by national laws of each state and they are similar. No formalities, no need to file for registration.

Berne Convention - 1886 Universal Copyright Convention (UCC) - 1952 World Intellectual Property Organization (WIPO) - 1967

The End

Thank you !!!!