Hudson Gavin Martin > Litigation

No Copyright in Compilations and Databases?

Sun, 05 Sep 2010 06:11:51 GMT

In an eagerly awaited decision of the Federal Court of Australia, Justice Gordon held that no copyright subsists in the White Pages and Yellow Pages directories.

The decision has significant ramifications for producers of compilations and databases of factual information (such as telephone directories, public transport timetables and horse racing guides) as it suggests that such works may not be capable of copyright protection.

High Court decision examines interaction of PPSA and the Copyright Act 1994

Sun, 05 Sep 2010 06:11:51 GMT

In a recent High Court decision Viacom Global (Netherlands) B.V v Scene 1 Entertainment Limited (In Receivership) & Anor the High Court has been required to decide on the priority between the Copyright Act 1994 and the Personal Properties Securities Act 1999.

Trade Me v Vertical Axis

Sun, 05 Sep 2010 06:11:51 GMT

A recent decision concerning the registration of domain names under the Uniform Dispute Resolution Policy (UDRP) involving the domain illustrates how hard it can be for New Zealand businesses to protect their IP from cyber squatters overseas, and the need for defensive IP protection strategies.

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

Sun, 05 Sep 2010 06:11:51 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.

Service via Facebook - Pick your “friends” wisely.

Sun, 05 Sep 2010 06:11:51 GMT

A number of newspapers have recently picked up on a High Court decision to grant a secondary service order allowing service using Facebook and email. Courts allowing alternative forms of service is not a new development but using Facebook comes with some interesting quirks.