CHAPTER 6 LEGAL ASPECTS OF BUSINESS (Commercial applications of intellectual property) 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

COPYRIGHT PART III COPYRIGHT Part III of the Copyright Act 1879 (NSW) protects copyright in original literary, dramatic, musical or artistic works. The definition also includes scripts for plays and film, radio and TV. Copyright in these works gives the owner the exclusive right to: reproduce the work in a material form publish the work perform the work in public broadcast the work adapt the work or cause the work to be transmitted to subscribers to a diffusion service 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

RIGHTS OF OWNERSHIP PART III © The owner of a Part III copyright can restrict other persons from dealing in that work The owner can also assign, lease or license others to deal with the work 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

PART X1A COPYRIGHT Under this part, certain rights of protection are extended to live performances of dramatic, musical and literary works and this also includes circus acts. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

PART IV COPYRIGHT Part IV protects copyright in: sound recordings films broadcasts and published editions 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

SOUND RECORDINGS Copyright in a sound recording gives the owner the exclusive right to: make a copy of the sound recording cause the recording to be heard in public broadcast the recording 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

FILMS Copyright in a film gives the owner the exclusive rights to: make a copy of the film cause the film to be seen in public broadcast the film cause the film to be transmitted to subscribers to a diffusion service 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

BROADCASTS Copyright in a broadcast gives the owner the exclusive right to: make a copy or a film of the broadcast record a sound broadcast or make a sound recording of a TV broadcast rebroadcast a sound or TV broadcast 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

RIGHTS OF OWNERS OF PART IV © The owner of a Part IV copyright can restrict other persons from dealing in that work. The owner can also assign, lease or license others to deal with the work. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

MORAL RIGHTS The Copyright Amendment (Moral Rights) Act 2000 (Cth) has added three moral rights to the Copyright Act that may be claimed by authors. These amendments allow authors to: insist on being identified as the author; prevent claims by others that they were the author; and prevent their work being treated in a derogatory manner. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

COPYRIGHT AND DESIGNS There is overlap between copyright and designs in that sketches and drawings of items may attract protection under both Designs Act and the Copyright Act “Grey” areas, particularly in instances where an item was functional, instead of being two-dimensional, have been the subject of review by the government New Designs Act passed in 2003 to clarify some areas of concern and to simplify design registration process. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

ORIGINALITY “Some original thought must be produced. This does not mean that new or inventive ideas must be contributed. The work needs show no literary or other skill or judgment. But it must originate with the author and be more than a copy of other material: Victoria Park Racing & Recreational Grounds Ltd v Taylor. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

DURATION OF COPYRIGHT The Australia-US Free Trade Agreement came into force on 1 January 2005 and has implemented a number of changes in the duration periods for copyright material in Australia. A detailed list of changes may be found in the table in AGBL, pp 236-7. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

PATENTS Protected by Patents Act 1990 (Cth) Two types of patents in Australia: Innovation patents (replacing petty patents for inventions which may have a short commercial life); and standard patents which provide protection for 20 years, innovation patents for 8 years. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

TRADEMARKS Protected by Trade Marks Act 1995 (Cth) Protection provided for 10 years once mark is registered Marks must be used and can be revoked for non-use There are four classifications of marks in the Register 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

CONDITIONS FOR AN ACTION FOR BREACH OF CONFIDENCE The information must be of a confidential nature The information must be given in circumstances importing an “obligation of conscience” There must be an unauthorised use of the information to the detriment of the plaintiff 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

DOMAIN NAMES auDA has been delegated by the Australian Government to manage the au domain. Domain name registrations are renewable every two years. It is important to note domain names are leased not owned. If not renewed the domain name can be registered by someone else. Business name registration does not necessarily guarantee that the domain name will be available. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

LANDMARK RECENT DECISIONS Intellectual property is a difficult asset to protect because it is an asset created by a person’s intellect, and as such rights and ownership can be difficult to enforce. Two recent cases have proven useful in demonstrating the views of Australian legal authorities in the electronic media: IceTV Pty Ltd v Nine Network Australia Pty Ltd where the High Court of Australia accepted that use of slivers of information to produce television viewing guides was NOT a breach of copyright; and Roadshow Films Pty Ltd v iiNet Ltd (No 3) which considered the position of an internet provider in relation to downloading films. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition