BUS209 Presentation

7/29/2019 BUS209 Presentation

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Links

o http://www.youtube.com/watch?v=InzDjH1-

9Ns&feature=related

o htt

p://www.youtube.com/watch?v=InzDjH1-

9Ns&feature=related
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Members

1) Lim Wanyi 3170 9002

2) Aisah 3168 42033) Mandy Ng 3168 4221

4) Chen Yian 3169 0443

5) Jordan Koh 3154 8196

BUS 209E Marketing & Advertising LawGroup Presentation
http://www.youtube.com/watch?v=InzDjH1-9Ns&feature=related


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McCurry V Mcdonalds?


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Subway V Subway Niche?


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Apple V Samsung?


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DVD V Online Downloads?


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Anil Dube V Jordan Koh?


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What is Copyright?

Copyright does not protectthe idea but the expression of

that idea.

Copyright Act 1968(Cth)provides that copyright only

subsist in original works inmaterial form.


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Material Forms of Copyright

s10 defines material form as any form

(whether visible or not) of storage of the

work

In other words, to be put into a fixed form

capable of being copied.


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Originality

Original literary works, dramatic works,

musical works, and artistic works

Originality of an author =sufficient independent intellectualeffort and skill + not copied.

Originality does not need novelty, merit,inventive, or artistic values

(unless it is an artistic work).


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Thinking Round I

Example: If we were to reproduce aplay by William Shakespeare,Macbeth(1603-1606). Would we

infringing copyright law?

No, because expiry of copyright validity for plays is

70 years after the death of playwright and it is hardto copy the original play since it was in the 1600s.

Yes, if we were to reproduce it by copyinganother persons idea.

Yes or No?
http://en.wikipedia.org/wiki/Macbethhttp://en.wikipedia.org/wiki/Macbeth


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Thinking Round II

Example: If a reporter publishes an interviewdone a few months before and subsequentlywant to use the same story for another purposebut did not gain permission from the interviewee,would he breach copyright law if he were topublish it anyway?

Answer: No.

Original works of the article belongsto the reporter not the interviewee.

(Case: Donoghue v Allied Newspaper)


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Direct Copyright Infringement

Bright Tunes Music Corporation V HarrisongsMusic Ltd 722 F 2d 988 (2d Cir 1983)

In 1962, the Chiffons recorded Hes So Fine which wasowned by Bright Tunes.

In 1971, George Harrison produced My Sweet Lord.

Both songs had similar background vocal.

Decision: George Harrison had subconsciously copiedthe song. He had infringed the Copyright Act.


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Direct Copyright Infringement

Henley Arch Pty Ltd v Tamawood Pty Ltd[2003] FCA 204

Ms Gould had expressed interest in the Chirnside byHenley Arch

She later consulted Tamawood to design her house (The

Gould) as well

High degree of similarity between the 2 houses

Decision: Tamawood has infringed the Copyright Act


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Indirect Copyright Infringement

Universal Music Australia Pty Ltd V SharmanLicense Holdings Ltd [2005] FCA 1242

Sharman is the operator of Kazaa P2P file sharing system

Kazaa users infringed the copyright act

There are warnings on Kazaa website and end user

license agreement

Join the Revolution ad campaign

Decision: Sharman had infringed theCopyright Act


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Indirect Copyright Infringement

The Polo/Lauren Company V Ziliani Holdings[2008] FCA 49

Ziliani imported authentic Ralph Lauren garments whichbore the polo player logo for sale in Australia

S77The Polo player logo was a corresponding design

S44C - Polo player logo was a non-fringing accessory

Decision: Ziliani did not infringe the Copyright Act


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Conclusion

Copyright helps to protect the creator.

Important in industries which dealswith music, books, computers and

advertising.

Businesses must be careful andavoid direct and indirect

infringements of copyrights.

In order to be protected, work has tobe expressed in a tangible form suchas in a recording or in writing.


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For All

There is no international copyright, they are protected

by national laws of each state and they are similar.

No formalities, no need to file for registration.

Berne Convention - 1886

Universal Copyright Convention (UCC) - 1952

World Intellectual Property Organization (WIPO) - 1967


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The End

Thank you !!!!

BUS209 Presentation

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