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, 2021
- 1 min
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, 2020
- 2 min
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, 2020
- 1 min
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, 2020
- 1 min
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, 2020
- 2 min
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, 2019
- 2 min
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, 2017
- 2 min
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, 2016
- 1 min
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, 2016
- 2 min
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, 2013
- 2 min
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, 2010
- 2 min
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, 2007
- 2 min
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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