Tal Williams

Partner | +61 2 9390 8331 | tal.williams@holmanwebb.com.au

Recent Posts

Site blocking under the Copyright Act 1968: silver bullet or pop gun?

[fa icon="calendar'] Nov 29, 2017 3:13:03 PM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Media & Communications

Tips for lawyers
  1. Be tech savvy; know what kind of block will be most effective.
  2. Cover all bases; the primary purpose test and the discretionary matters in subsection (5) mean you need evidence about the website, its owner and its functions.
  3. Investigate; no matter how hidden they are, you need to at least make reasonable efforts to determine the website operator’s identity and notify them of the proceedings.
  4. Co-operate with the ISPs; this is a no fault provision- therefore, the proceedings don’t have to be adversarial. The more issues that can be agreed, the easier the application will be.
  5. Think past the orders; have a mechanism in mind for expanding/modifying the initial orders to cover domain shifting etc.

Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year.1 While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.  

Read More [fa icon="long-arrow-right"]

SPAM - It's Still Happening

[fa icon="calendar'] Sep 1, 2016 12:00:13 PM / by Tal Williams posted in Business Corporate & Commercial, Technology Law

Readers would be familiar with the contents of the SPAM Act. Essentially, the Act requires that an electronic communication must not be sent without the consent of the recipient, it must contain clear and accurate information about the person or organisation that authorised the sending of the message, and it must contain an “opt out” or “unsubscribe” provision so the recipient can choose not to receive emails in the future.

Read More [fa icon="long-arrow-right"]

Digital Advertising and Unconscionable Conduct

[fa icon="calendar'] Aug 10, 2016 12:08:18 PM / by Tal Williams posted in Business Corporate & Commercial, Media & Communications

As new businesses develop and technology advances some principles still remain the same.

Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.

Read More [fa icon="long-arrow-right"]

What is an Unfair Term in a Small Business Contract? You Need to Know by November!

[fa icon="calendar'] Aug 2, 2016 11:42:28 AM / by Tal Williams posted in Business Corporate & Commercial

From 12 November 2016 unfair terms that appear in standard form contracts involving small business are void and cannot be relied upon. To qualify as a small business contract, one of the parties must have less than 20 employees and the upfront price payable under the contract must not exceed $300,000 or, if the contract is for more than 12 months, $1,000,000.

Read More [fa icon="long-arrow-right"]

Strategies to Minimise Cyber Breaches and Their Consequences

[fa icon="calendar'] Mar 31, 2016 9:01:49 AM / by Tal Williams posted in Business Corporate & Commercial, Media & Communications, Technology Law

It`s important to pay attention to the way the personal information of your company is secured. If you mishandle the confidential information of your customers, it can cause them a financial or reputational loss and lead to a decreasing of trust and considerable harm to your good name.

Read More [fa icon="long-arrow-right"]

When, where and to whom you send emails will now be recorded…

[fa icon="calendar'] Nov 11, 2015 10:07:00 AM / by Tal Williams posted in Business Corporate & Commercial, Media & Communications, Technology Law

Metadata Retention

On October 13th, the Telecommunications (Interception and Access) Act 1979 (Cth) legislated for the retention of metadata by telecommunications carriers and internet service providers (telcos) for a mandatory period of two years. This data will then be made available to federal, state and territory police, Medicare, Councils in NSW, Worksafe Victoria, the RSPCA, the Tax Office, Australia Post, domestic spy agency ASIO, ASIC and many others when conducting criminal and financial investigations.

Read More [fa icon="long-arrow-right"]

Small Business To Be Better Protected

[fa icon="calendar'] Sep 29, 2015 11:49:00 AM / by Tal Williams posted in Business Corporate & Commercial, Media & Communications, Technology Law

Small businesses are becoming increasingly vulnerable to unfair terms in standard form contracts.  The Government has got closer to addressing this vulnerability by extending the unfair contract protection to include small business contracts.  But what is a small business? And what types of clauses are void?

Read More [fa icon="long-arrow-right"]

Technology Update: Outsourcing Involving Shared Computing Services for APRA regulate institutions (including Cloud services).

[fa icon="calendar'] Sep 16, 2015 11:34:48 AM / by Tal Williams posted in Business Corporate & Commercial, Insurance, Intellectual Property Protection, Technology Law

On the 6th July 2015, Australian Prudential Regulation Authority (APRA) released an Information Paper in relation to Outsourcing. It noted that in recent years there has been a significant change in the way that technology is being employed with shared computing services (SCS) being increasingly utilised by a range of business entities.

Read More [fa icon="long-arrow-right"]

Use of Photos from Another's Twitter or Internet Page

[fa icon="calendar'] Sep 1, 2015 12:16:00 PM / by Tal Williams posted in Business Corporate & Commercial, Intellectual Property Protection, Media & Communications, Technology Law

Another reminder has been sent by the Courts confirming that publication of photos on Twitter on or other web pages does not entitle the world at large to use or republish those photos.

Read More [fa icon="long-arrow-right"]

Corporate & Commercial Newsletter - August 2015

[fa icon="calendar'] Aug 20, 2015 9:30:00 AM / by Tal Williams posted in Business Corporate & Commercial, Technology Law

Our quarterly publication will keep you up to date with news and developments in business, corporate and commercial law.
 
Read More [fa icon="long-arrow-right"]