April 2015

April 28, 2015 9:50 AM | Posted by James Patto, Lucy McGovern & Paul Kallenbach | Permalink

Online infringers will soon receive a series of notices from their ISP under the proposed Copyright Notice Scheme 2015 (the Code).

The primary Australian telecommunications industry body, Communications Alliance, has submitted the final version of the Code for review and approval by the Australian Communications and Media Authority (ACMA). If the Code is approved, the majority of Australian ISPs must send notices to alleged copyright infringers at the request of a copyright owner. After a user receives 3 notices in a 12 month period, the ISP must then assist the copyright owner if it applies to the court for preliminary discovery to identify the alleged infringers.

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April 8, 2015 5:40 PM | Posted by Lucy McGovern & Paul Kallenbach | Permalink
In a landmark decision, Justice Perram of the Federal Court has indicated that he will order Australian ISPs to divulge the names and physical addresses of their customers associated with IP addresses that shared the film 'Dallas Buyers Club'. In light of the decision, copyright owners can expect to find it easier to obtain prospective online copyright infringers' details. read more
April 7, 2015 9:38 AM | Posted by McCubbin, George | Permalink
In Pocketful of Tunes Pty Ltd v The Commonwealth of Australia [2015] ACopyT 1, Justice Bennett (President) of the Copyright Tribunal of Australia had to assess compensation for the unlicensed use of a song by the Commonwealth. read more
April 2, 2015 10:46 AM | Posted by Lucy McGovern & Paul Kallenbach | Permalink
Data retention laws have passed through the Senate and House of Representatives with bi-partisan support. In essence, the laws require Australian telcos and ISPs to retain metadata for 2 years, unless they obtain an exemption. This article considers the reforms and their implications. read more