2015 Copyright Law Round Up
2015 was a big and very public year for copyright law. Conflicts over famous movies and favourite TV shows brought the top issues into the spotlight and made them a topic of conversation even for non lawyers.
Tune into You Legal TV this week for a quick overview of the biggest developments, including legislative measures to combat online piracy, the Trans Pacific Partnership and the Channel 7 versus Channel 9 reality TV show saga.
See below for the complete transcript of this episode -
Thanks to the Dallas Buyers Club Litigation, 2015 saw unprecedented interest in copyright issues. However, when looking back over the year, there are a few other highlights that are worth noting as we roll into 2016.
Firstly, on 22 June 2015, the Copyright Amendment (Online Infringement) Act 2015 was enacted. Aimed at tackling online copyright infringement, it inserted a new s115A into the Copyright Act. It gives the Federal Court of Australia the power to order an injunction that requires an ISP to take reasonable steps to disable access to an online location that has the primary purpose of infringing or facilitating the infringement of copyright. And yes, by online copyright infringement, we are talking about websites that offer illegal film and TV content. Village Roadshow and Foxtel have both indicated an interest in launching an action under the new legislation, so keep your eyes open.
In other legislative news, the Copyright Notice Scheme Industry Code was also released in April 2015. While this time developed by industry, as with the amendment to the Copyright Act, it’s aimed at online copyright infringement. The code includes a process for notifying customers of their alleged copyright infringement.
The Code is still awaiting registration.
Copyright law also had a cameo part in the ongoing saga of the Trans-Pacific Partnership. Concerns arose that Australia would need to change some of its intellectual property laws as they were inconsistent with the TPP and that copyright holders in the USA were entitled to a longer period of copyright protection, resulting in higher loyalties.
However, after the full text of the agreement was released in November, it was confirmed that Australia’s laws are already essentially compliant with what is established in the TPP.
In Litigation news, the Hotplate v My Kitchen rules case between Channels 7 and 9 saw even the average punter in the street take an interest in copyright law. While the final hearing of the matter is not until March of 2016, so far, Channel 7 failed to obtain an injunction to stop Channel 9 from showing further episodes. This is despite the Judge finding many key elements in common between the 2 shoes. So far, the standard that reality tv shows are highly difficult to protect under copyright law seems to be standing.
If you have any questions in relation to your own copyright, please feel free to get in touch. We are here to help.
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* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.