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.  

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Innovation in Law, the Process of Disruption.

[fa icon="calendar'] May 30, 2017 4:44:54 PM / by Holman Webb posted in Business Corporate & Commercial, Commercial Recovery & Insolvency, Franchising & Retail, Banking & Finance, Food Law, Health, Aged Care & Life Sciences, Insurance, Intellectual Property Protection, Foreign Investment & Migration, Govenment, Media & Communications, Workplace Relations, Dispute Resolution and Litigation, Third Sector: Not-for-Profit and Social Enterprise, Property, Technology Law

Greg Malakou, Holman Webb CEO, speaks to Business First magazine about how innovation not only gives Holman Webb a competitive advantage in the market but is also fundamental to the firm’s growth strategy.

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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.

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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.

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Defamed – Google’s Inaction Proves Costly

[fa icon="calendar'] Jan 18, 2016 2:06:00 PM / by Tal Williams & Lucy Williams posted in Business Corporate & Commercial, Media & Communications, Technology Law

It is well established under Australia law that secondary publishers can be held liable for defamatory material if they had actual or constructive knowledge of the defamatory matter. This was the crux of Dr Janice Duffy’s multi-year legal battle in the Supreme Court of South Australia with internet search giant, Google.

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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.

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Legal Frontiers in Cyber-Security

[fa icon="calendar'] Oct 19, 2015 11:22:00 AM / by Tal Williams and Joann Yap posted in Business Corporate & Commercial, Media & Communications, Technology Law

Tips
  • Take the time to develop an understanding of the cyber threats that could affect your business.
  • Work with your clients or board to create a solid cyber-security program that involves the board, management, IT team and employees. A holistic and inclusive approach is required to ensure that proper and functional policies are in place that can and will be complied with.
  • Within this ever changing space, continued vigilance and attention to new and current methods, policies, systems and procedures is fundamental if organisations are to minimise the chance of a cyber-attack.
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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?

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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.

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Online Copyright Infringement - Downloading Music and Movies – Where is the Law Up To?

[fa icon="calendar'] Aug 17, 2015 3:02:56 PM / by Tal Williams posted in Business Corporate & Commercial, Media & Communications, Technology Law

Nothing about the internet changes the fact that the owner of the copyright in a book, movie or music is the only party that has the right to exploit that material. They can offer an end user a license to access the material for a fee, they can give an end user the right to download and play a movie for their personal use, or they can license a movie chain to play that movie in the cinema. Those rights belong to the owner of the copyright and no-one else has the right to use or access the material unless they have the permission (and paid the fee if required) of the rights holder.

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