Telstra encouraged to structurally separate under important telecommunications reforms
On 15 September 2009, the Federal Government released the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 (the Bill), which proposes important changes to Australian telecommunications regulation. The Bill will be the subject of considerable debate over several months and may require the support of all independents in the Senate.
Facebook to offer trade mark protection in new username land rush - 12 June 2009
Users of the popular social networking website Facebook will shortly be able to customise the URL of their Facebook profile pages (eg. http://www.facebook.com/username). From 2.01 pm AEST tomorrow, existing users of Facebook will be able to select their alias on a first-come, first-served basis. Any owner of a registered trade mark should immediately notify Facebook of the trade marks which should be excluded from being claimed by Facebook users.
High Court thaws on EPGs: IceTV successful in copyright case - 24 April 2009
The High Court has given a new lease of life to electronic programme guides (EPGs) in the recent case of IceTV Pty Ltd v Nine Network Pty Ltd. In a 6:0 decision, the High Court restored the first instance decision of Bennett J and found that IceTV did not reproduce a “substantial part” of Nine’s copyright work by updating its EPG from time and title information sourced initially from Nine’s weekly schedule.
Major privacy reforms proposed by ALRC - 11 August 2008
The Australian Law Reform Commission has today recommended major changes to privacy laws, affecting all private sector entities. Within 12 to 18 months, the Federal Government will replace the National Privacy Principles, changing how organisations can collect and use personal information. Special requirements will apply to health and credit information, with enhancements to the scope of credit reporting.
Privacy law back on the agenda - 2 June 2008
Recent reports of high-profile leakages of personal data in Hong Kong clearly illustrate the importance of businesses complying with privacy laws from a reputation perspective.
Full Federal Court overturns IceTV decision - 12 May 2008
The Full Court of the Federal Court has overturned the first instance decision of Bennett J in Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71, finding that IceTV infringed compilation copyright in the weekly television schedules prepared by Nine in reproducing program titles and times in its electronic programming guide (EPG). This decision signals a warning against the use of information contained in a compilation copyright work.
The Producer Offset: the financier’s perspective - May 2008
The new tax relief system brought in by the Australian Screen Production Incentive introduced a new range of tax measures for the motion picture industry in Australia, consisting of various refundable tax offsets.
Ice TV succeeds in compilation copyright case - 14 August 2007
The Federal Court has considered the scope of compilation copyright in a recent case regarding the creation and dissemination of electronic television program schedules.
New Australian regulatory regime for internet and mobile content - 24 May 2007
The Communications Legislation Amendment (Content Services) Bill 2007 (Cth) proposes to establish a new Australian regulatory regime for media content transmitted over telecommunications networks (including mobile networks and the internet).
A step closer towards the tort of privacy - May 2007
The recent Victorian County Court decision in Doe v ABC1 has the potential to expose media organisations and their employees to tort liability for the publication of private information about individuals. This is only the second Australian decision to recognise a tort
The new formal merger clearance process available for complex mergers - 23 November 2006
Last months amendments to the Trade Practices Act introduced a new option of seeking a formal clearance of a merger. Although the option offers some advantages, you will need to carefully consider when to use the new formal merger process.
Key media ownership reforms passed - 18 October 2006
On 18 October 2006, the Australian Parliament passed the three key pieces of legislation that make up the Governments media reform package. The Government stated that the new regime would allow Australia to prepare for and respond to a media environment that faces dramatic change in the availability of communication platforms. The legislation will become law once Royal Assent is given (expected shortly). The media ownership changes will take effect on a date to be proclaimed some time in 2007.
Content critical: ACCC releases media merger guidance paper - 17 August 2006
On 9 August 2006, the ACCC released its Media Merger Guidance Paper, a paper designed to provide broad guidance to industry as to how future cross-media merger proposals might be assessed by the ACCC and the ACCC’s approach to defining media markets.
Government announces new media framework - 13 July 2006
On 13 July 2006 Senator Helen Coonan, the Minister for Communications, Information Technology and the Arts, announced a new media framework for Australia. This follows four months of consultation with industry and other stakeholders since the announcement of the Government’s proposals for media reform in March this year.
Government releases media reform proposals - 16 March 2006
On 14 March 2006 Senator Helen Coonan, the Minister for Communications, Information Technology and the Arts, announced the Government’s long awaited proposals for media reform. The proposals have the potential to significantly affect the way the media industry is structured and operates in Australia. However, most of them were anticipated and it may be some time yet before any legislative changes take effect.
New Therapeutic Goods Advertising Code - 7 September 2005
A new Therapeutic Goods Advertising Code means additional opportunities and obligations for advertisers and sponsors of therapeutic goods, healthcare professionals and those in broadcast, mainstream and specialist media.
Intellectual property update - Spring 2005
Ten takes the heart out of Nine’s programs
In the latest judgment surrounding the long running off-screen drama between the Nine Network and Network Ten’s “The Panel” program, the Full Federal Court has now clarified what it means to take a “substantial part” of a copyright work1. The decision provides guidance for publishers who wish to use small parts of other copyright works without the need to seek the copyright owner’s permission.
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