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Published byDavid Payne Modified over 9 years ago
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Update from Australia: ISPs and newspaper aggregators
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iiNet case legal proceedings negotiations & advocacy outside case
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Legal proceedings film companies v iiNet (2 nd biggest ISP) 1 st instance = iiNet full Federal Court = iiNet (2 to 1 judges) High Court: special leave hearing August 2011
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Legal issues authorisation of infringements by subscribers safe harbour: limitation of remedies mere provision of facilities Full Court: film companies could have won on different facts next step: depends if High Court grants leave to appeal
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Negotiation & advocacy negotiation & advocacy parallel to case acknowledged: case doesn’t solve all issues Australian Content Industry Group (ACIG): – CAL – Publishers – Games – Software – music
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What does ACIG want? industry code discussions with ISP representatives issues include: – who sends infringement notice? – sanctions – self-regulation or government – who bears costs government involvement
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Fairfax v LexisNexis Fairfax publishes Australian Financial Review LexisNexis ABIX service: daily digest – AFR headlines + abstracts of articles
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Issues headlines protected by copyright? headline + article = joint authorship? fair dealing?
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Headlines = copyright? no – for headlines in this case possible for other headlines – need author influence of IceTV case
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Headline + article = work? headline + article = joint authorship? – no – authors working separately – could be joint work on other facts – but headline not ‘substantial part’ of headline + article
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Fair dealing LexisNexis use = fair dealing purpose = reporting news headline = ‘sufficient acknowledgement’
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Response to case no appeal by Fairfax new case on different facts risky: – fair dealing finding
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