Hudson Gavin Martin > Creative

Recorded Music in Public Places

Wed, 08 Sep 2010 12:03:02 GMT

Being NZ music month, and in light of some recent developments in the area of copyright and music, we thought it timely to remind businesses of their obligations in relation to playing music in public places.

Terms & Conditions – The Importance of Full Disclosure in Promotions

Wed, 08 Sep 2010 12:03:02 GMT

A recent Auckland District Court decision, Commerce Commission v TMG Asia Pacific Pty Ltd, has highlighted the need for adequate disclosure of material Terms and Conditions in advertising.

Commercialising Innovation

Wed, 08 Sep 2010 12:03:02 GMT

A set of guidelines to help you ensure that your innovation is genuinely unique, assess whether to commercialise, identify partners and raise capital.

Google Books Settlement Update

Wed, 08 Sep 2010 12:03:02 GMT

Since our previous article on the settlement, the US Department of Justice (DOJ) has issued a Statement of Interest in which it recommends that the Court should reject the settlement in its current form as it violates class action and competition law.

Google Books Settlement

Wed, 08 Sep 2010 12:03:02 GMT

Recent developments in the United States relating to the digitisation of books by Google could have a profound effect on the New Zealand public, authors and publishers.

Facebook’s new personal URL registrations

Wed, 08 Sep 2010 12:03:02 GMT

On Tuesday 9 June social networking site Facebook announced that from Saturday 13 June users of Facebook can apply for personal URLs in the format of www.facebook.com/yourname. While this may be viewed as a great opportunity for those seeking a bit of personal publicity it will be viewed by trade mark and brand owners with concern in light of domain name squatting issues that have arisen in recent times.

Contracting out of the commissioning rule and Maxim Group v Jones Publishing

Wed, 08 Sep 2010 12:03:02 GMT

The commissioning rule in the Copyright Act 1994 automatically allocates copyright ownership to the “commissioner” for artistic works, film or sound recordings, and computer programs. Parties can however contract out of this default rule. Maxim Group v Jones Publishing is a recent High Court decision which provides a warning to parties wishing to contract out of the default rule.

Update on the progress of the Trade Marks (International Treaties and Enforcement) Amendment Bill

Wed, 08 Sep 2010 12:03:02 GMT

Readers may recall that at the time of our last article of 27 November 2008, progress of the Bill was uncertain due to the General Election and change of Government. Now that Parliament is sitting again progress of the Bill has resumed.

Security Interests Under The PPSA – A Warning For Artists

Wed, 08 Sep 2010 12:03:02 GMT

Many artists who leave their works with retailers, art galleries, or cafés for sale, may be unaware that New Zealand’s security laws severely restrict their ability to retrieve those works.

Recently, New Zealand artists were given a wake-up call with the financial collapse of Eon, a prominent outlet for the country’s design community. Unbeknownst to many, Eon had given security to its bank over all of its assets, which left the artists with no reasonable prospect of retrieving their works or getting paid for them.

Commissioned Works

Wed, 08 Sep 2010 12:03:02 GMT

If the author of the copyright work is “commissioned” by a customer to create the work, the current default position under the Copyright Act is that the commissioner will become the first owner of the copyright

Commercialising Intellectual Property

Wed, 08 Sep 2010 12:03:02 GMT

There are several methods that an owner can use to commercialise a product or idea.

Strategic decisions in relation to Intellectual Property

Wed, 08 Sep 2010 12:03:02 GMT

Before starting to market or sell a product, process or idea, it is advisable to stop and examine the available options and seek professional advice at the outset. Taking advice early can avoid expensive ongoing legal disputes at a later stage.

Copyright Issues Arising With Employees

Wed, 08 Sep 2010 12:03:02 GMT

Copyright gives the owner the exclusive right to use and authorise use of the relevant work. Therefore, who owns what in relation to the work that attracts copyright is important. The general rule under the Copyright Act 1994 is that the author is the first owner of the copyright in the work which is created.

Creative Commons Licences

Wed, 08 Sep 2010 12:03:02 GMT

Creative Commons is a US based, non-profit organisation founded in 2001. It offers a range of licensing options that creators of copyright works can use (free of charge) to define how other people may use, distribute and/or modify their copyright works.

Fair Use and Permitted Acts

Wed, 08 Sep 2010 12:03:02 GMT

In general, copyright in an original work (such as a book, journal article, photograph or film) gives the owner certain exclusive rights in relation to that work, including the right to copy the work, issue copies to the public and make adaptations of the work.