Rear Vision Mirrors and Crystal Balls Copyright Symposium 2014 Australian National Maritime Museum, Sydney 14 March 2014 Nicholas Smith Barrister Blackstone Chambers Sydney Luke Merrick Barrister Aickin Chambers Melbourne

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Corby v Allen & Urwin Pty Limited [2013] FCA 370

Sins of the Father by Eamonn Duff 5 Photographs taken by various members of the Corby family reproduced No evidence that Corby family had ever granted licence to Respondent nor any evidence that Respondent had taken steps to obtain clearance or satisfied themselves that they were the beneficiary of a licence Damages of $9,250, Additional Damages of $45,000 Declaration of moral rights infringement made.

Corby v Allen & Urwin Pty Limited [2013] FCA 370 Copyright Act – relevant moral rights provisions s193 (1) The author of a work has a right of attribution of authorship in respect of the work. s195AR (1) A person who does, or authorises the doing of, an attributable act in respect of a work does not, because the author of the work is not identified, infringe the author's right of attribution of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances not to identify the author. s195AZGG (3) Any damages recovered in proceedings brought otherwise than under this Part are to be taken into account in proceedings brought under this Part and arising out of the same event or transaction.

Kirtsaeng v. John Wiley & Sons, 133 S. Ct Dr Supap Kirtsaeng John Wiley

Kirtsaeng v. John Wiley & Sons, 133 S. Ct Application of first sale doctrine to work made abroad Section 106 of the Copyright Act grants "the owner of copyright under this title" certain "exclusive rights," including the right "to distribute copies... of the copy righted work to the public by sale or other transfer of ownership.“ S602(a)(1) states “Importation into the United States, without the authority of the owner of copyright under this title of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106… Section 109(a) sets forth the "first sale" doctrine as follows: "Notwithstanding the provisions of section 106(3) [the section that grants the owner exclusive distribution rights], the owner of a particular copy or phonorecord lawfully made under this title... is entitled, without the authority of the copyright owner, to sell or other wise dispose of the possession of that copy or phonorecord." What, if the book was printed abroad and then initially sold with the copyright owner’s permission? Does the “first sale” doctrine still apply?

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and others [2013] UKSC 18 Is a party who browses information on websites without downloading or printing it were committing a copyright infringement? PRCA is a professional association of public relations professionals who, among other things, monitor news coverage on behalf of clients Meltwater indexes newspaper articles then provides a summary and hyperlink to articles that contain certain (customer-requested) keywords

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and others [2013] UKSC 18 Article 2(a) of the Copyright Directive (2001/29/EC) requires Member States to provide for the "exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part" of any relevant works. Article 5(1) of the Copyright Directive (2001/29/EC) states that: "The temporary acts of reproduction referred to in Article 2, which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable: (a) a transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject-matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 2."

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and others [2013] UKSC 18 In Infopaq I [2010] F.S.R. 20, at [54], the Court of Justice paraphrased article 5.1 as making the exemption for an "act of reproduction" dependent on five conditions being fulfilled: the act is temporary; it is transient or incidental; it is an integral and essential part of a technological process; the sole purpose of that process is to enable a transmission in a network between third parties by an intermediary of a lawful use of a work or protected subject-matter; and the act has no independent economic significance."