bus209 presentation
TRANSCRIPT
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Links
o http://www.youtube.com/watch?v=InzDjH1-
9Ns&feature=related
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p://www.youtube.com/watch?v=InzDjH1-
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Members
1) Lim Wanyi 3170 9002
2) Aisah 3168 42033) Mandy Ng 3168 4221
4) Chen Yian 3169 0443
5) Jordan Koh 3154 8196
BUS 209E Marketing & Advertising LawGroup Presentation
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McCurry V Mcdonalds?
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Subway V Subway Niche?
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Apple V Samsung?
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DVD V Online Downloads?
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Anil Dube V Jordan Koh?
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What is Copyright?
Copyright does not protectthe idea but the expression of
that idea.
Copyright Act 1968(Cth)provides that copyright only
subsist in original works inmaterial form.
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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.
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Originality
Original literary works, dramatic works,
musical works, and artistic works
Originality of an author =sufficient independent intellectualeffort and skill + not copied.
Originality does not need novelty, merit,inventive, or artistic values
(unless it is an artistic work).
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Thinking Round I
Example: If we were to reproduce aplay by William Shakespeare,Macbeth(1603-1606). Would we
infringing copyright law?
No, because expiry of copyright validity for plays is
70 years after the death of playwright and it is hardto copy the original play since it was in the 1600s.
Yes, if we were to reproduce it by copyinganother persons idea.
Yes or No?
http://en.wikipedia.org/wiki/Macbethhttp://en.wikipedia.org/wiki/Macbeth -
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Thinking Round II
Example: If a reporter publishes an interviewdone a few months before and subsequentlywant to use the same story for another purposebut did not gain permission from the interviewee,would he breach copyright law if he were topublish it anyway?
Answer: No.
Original works of the article belongsto the reporter not the interviewee.
(Case: Donoghue v Allied Newspaper)
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Direct Copyright Infringement
Bright Tunes Music Corporation V HarrisongsMusic Ltd 722 F 2d 988 (2d Cir 1983)
In 1962, the Chiffons recorded Hes So Fine which wasowned by Bright Tunes.
In 1971, George Harrison produced My Sweet Lord.
Both songs had similar background vocal.
Decision: George Harrison had subconsciously copiedthe song. He had infringed the Copyright Act.
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Direct Copyright Infringement
Henley Arch Pty Ltd v Tamawood Pty Ltd[2003] FCA 204
Ms Gould had expressed interest in the Chirnside byHenley 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
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Indirect Copyright Infringement
Universal Music Australia Pty Ltd V SharmanLicense 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 theCopyright Act
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Indirect Copyright Infringement
The Polo/Lauren Company V Ziliani Holdings[2008] FCA 49
Ziliani imported authentic Ralph Lauren garments whichbore the polo player logo for sale in Australia
S77The Polo player logo was a corresponding design
S44C - Polo player logo was a non-fringing accessory
Decision: Ziliani did not infringe the Copyright Act
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Conclusion
Copyright helps to protect the creator.
Important in industries which dealswith music, books, computers and
advertising.
Businesses must be careful andavoid direct and indirect
infringements of copyrights.
In order to be protected, work has tobe expressed in a tangible form suchas in a recording or in writing.
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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
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The End
Thank you !!!!