IP Fundamentals: Copyright
Take a guided tour through some of the key fundamental issues in copyright law including how it’s attained, duration, international considerations and fair dealing issues. Gain insights into the world of copyright contracting, licensing, and commercialisation. Work through the ins and outs of copyright protections, trade secrets, infringement and more. Experienced intellectual property lawyers will walk you through the maze while providing step by step guidance.
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Glenn McGowan QC, Partner & Chief Counsel, Gadens
9.00am to 10.00am: Introduction to Copyright Law
- Definition of copyright
- Copyright ‘Works’ and ‘Other Subject Matter’
- How copyright is attained
- Duration of copyright
- International reach of copyright
- Fair dealing exceptions
Presented by Shaun Miller, Principal, Shaun Miller Lawyers; 2020 Lawyer of the Year,Entertainment Law, Best Lawyers
10.00am to 11.00am: Copyright Contracting
- A guide to licences, including: exclusivity, scope, interaction with legislative exceptions, statutory licences, creative commons licences
- Commissions: ownership, use, warranties and remedies
- Collaborations: ownership arrangements and treatment of existing and future copyright
- Understanding moral rights and performers' rights
- Practical examples from creative industries including drafting tips
Presented by Janine Lapworth, Senior Consultant, Simpsons Solicitors
11.00am to 11.10am: Break
11.10am to 12.10pm: A Guide to Protecting Copyright, Confidential Information and Trade Secrets
- Overview of protections under the Copyright Act
- Spring boarding; protection of confidential information
- Protecting trade secrets
- Case study: software protections and how to save hundreds of thousands of dollars in a copyright infringement court case
Presented by Nicole Murdoch, Founding Director and Trade Mark Attorney, EAGLEGATE; Recommended Intellectual Property Lawyer, Doyle’s Guide 2020
Presenters
Shaun Miller, Principal, Shaun Miller Lawyers
Shaun has specialised in film and entertainment law for over 20 years. He has over 230 “legals” credits and over 35 “executive producer” credits which can be found on his IMDb profile. He has a background working in film distribution and exhibition and is a Senior Fellow at the University of Melbourne within the Faculty of Fine Arts and Music. Shaun’s firm specialises in film and entertainment law. It acts for production companies that make film content. The firm provides legal services at each stage of film making including: development, financing, production, distribution and marketing stages.
Janine Lapworth, Senior Consultant, Simpsons Solicitors
Janine practices in the creative industries. She has worked in corporate, commercial, intellectual property, entertainment and litigation experience; gained at national and international law firms and in senior in-house legal positions at the Australian Broadcasting Corporation in Sydney and ESPN Star Sports in Singapore. She has enjoyed working with a wide range of clients based in Australia and overseas, including international studios, industry groups, technology start-ups and other creative businesses. She currently sits on the board of Australian Theatre for Young People.
Nicole Murdoch, Founding Director and Trade Mark Attorney, EAGLEGATE
Nicole is the Principal of EAGLEGATE Lawyers and a recommended Lawyer in the 2018 listing of Leading Queensland Intellectual Property Lawyers - Doyles Guide. As a qualified Lawyer, Electrical Engineer and Trade Marks Attorney, Nicole's qualifications and practical experience allow her to fully comprehend the nexus of the law, technology and business to provide advice to her clients - which is both commercially sensible and technically practical. Nicole's legal experience includes Intellectual Property litigation including, trade mark, patent, copyright and domain name disputes and associated misleading and deceptive conduct, confidential information and passing off disputes. She also acts in Information Theft cases to prepare clients for data breaches, assists upon a breach, gives advice in respect of mandatory data breach notifications and prosecutes insider threats.
Glenn McGowan QC, Partner & Chief Counsel, Gadens
Glenn has over 30 years’ experience almost exclusively in the superior and appellate courts. He spent 27 years at the independent Bar, taking silk in 2004, before joining Gadens in 2015 as its inaugural Chief Counsel. His practice is heavily dominated by large intellectual property cases (patents, trade marks, copyright, confidential information, trade practices and designs), mostly in the Federal Court, involving all areas of technology including chemistry, software, biotechnology, pharmaceuticals, engineering, polymers, etc. Glenn is a qualified mediator and arbitrator. He also appears in and advises in general commercial disputes in all courts, briefed by Gadens and other firms.