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stevedavey4
Dec 7, 20221 min read
Can I copy a competitor's sales pitch in my advertising?
It is possible to legally copy an idea behind another advertisement, but you cannot substantially reproduce the other advertisement. In...
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stevedavey4
May 10, 20211 min read
Can copyright protect my slogans?
In the case of State of Victoria v Pacific Technologies (Australia) Pty Ltd (ACN 065 199 439) (No 2) [2009] FCA 737, Emmet J stated that...
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stevedavey4
Oct 15, 20202 min read
Can I copy clothing pattern designs?
No. You cannot even make substantial reproductions of clothing designs. That would constitute copyright infringement. In the case of...
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stevedavey4
Oct 15, 20201 min read
Can I copy a house design?
No, you can't. Copyright subsists in house design. Copying the house design constitutes copyright infringement. In Coles v Dormer...
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stevedavey4
Oct 15, 20201 min read
Can I get extra compensation for flagrant copyright infringement?
Yes, you can. In the case of APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement (and the...
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stevedavey4
Oct 15, 20202 min read
Do I have to pay compensation for copyright infringement if I was an innocent infringer?
There are two forms of compensation that a court can award: (1) the infringer's net profits (known as "an account of profits") and (2)...
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Steve Davey
Dec 29, 20192 min read
Does my business own the software it is having developed?
If you want to own the software developed for you, you must have an explicit agreement in writing to own the software - otherwise, the...
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Steve Davey
Mar 15, 20172 min read
If I use a small part of someone's computer code, is that still copyright infringement?
The case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 4) [2017] FCA 260 (16 March 2017) shows that using even a small proportion of third...
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Steve Davey
Aug 11, 20161 min read
Why can't I just ignore a cease and desist notice?
The case of Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 shows that if you ignore cease and desist notices, you are likely to...
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Steve Davey
Feb 25, 20162 min read
Can I stop someone from copying my architectural design?
If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...
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Steve Davey
May 2, 20132 min read
Can I win a case without direct evidence of infringement?
Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...
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Steve Davey
Sep 17, 20102 min read
Do I own the copyright in my employee's work?
Section 35(6) of the Copyright Act provides that: "Where a literary, dramatic or artistic work … is made by the author in pursuance of...
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Steve Davey
Apr 26, 20072 min read
Should I rely on copyright or design protection for my artistic work?
Some products can be protected by both copyright law and designs law. Copyright protection is automatic, it doesn't require registration...
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