IP Fundamentals: Copyright Law
Gain a comprehensive understanding of copyright law with step by step guides to the key issues, updates on the latest trends and cases, a real world case study and more. Examine fair dealing defences, software protections, evidentiary issues, investigations, international considerations and more. Work through an illuminating case study on the lessons to be learned from copyright issues related to the Aboriginal Flag. Explore copyright issues involved in eSports and how they relate to other areas. WEB2111N47
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Joanna Lawrence, Counsel, Ashurst; Best Lawyers 2022, Intellectual Property Law and Litigation
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Introduction to Copyright Law
- Copyright ‘Works’ and ‘Other Subject Matter’
- How copyright is attained
- Duration of copyright
- International reach of copyright
Presented by Shaun Miller, Principal, Shaun Miller Lawyers; Best Lawyers 2022, Entertainment Law
9.50am to 10.35am The Rise of Fair Dealing Defences
- Background to the fair dealing defences
- Current legislative scheme
- Recent cases, including Universal Music v Palmer and AGL v Greenpeace
Presented by Timothy Creek, Principal Lawyer, Davies Collison Cave; Best Lawyers 2022, Intellectual Property Law
10.35am to 10.50am Morning Tea
10.50am to 11.35am Copyright/Software Protection, Forensics and Preserving Evidence
- Overview of copyright protections for software
- Presumptions under the Copyright Act
- Civilian search orders
- Forensic investigations and preserving evidence
- Lessons from the coal face
Presented by Nicole Murdoch, Principal Lawyer, Eaglegate Lawyers; Recommended Intellectual Property Lawyer, Doyle’s Guide 2021
CASE STUDY
11.35am to 12.20pm Case Study: Copyright Law and the Aboriginal Flag
- Brief history of the Flag and its ownership as an artistic work
- Brief history of the Flag as a national flag
- The WAM controversy
- Copyright design overlap
- The case for compulsory acquisition
- The Flag in limbo
Presented by Peter Francis, Partner, FAL Lawyers; Leading Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2021 and Rhys Munzel, Senior Associate, FAL Lawyers; co-Chair, Intellectual Property / Information Technology Committee, Law Institute of Victoria
12.20pm to 1.05pm The New World of Sports: The Intersection of eSports and IP
- What IP rights exist in eSports?
- Who owns the relevant rights
- Key cases concerning IP and eSports
Presented by Nina Fitzgerald, Partner, Ashurst; Best Lawyers 2022, Intellectual Property Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Joanna Lawrence
Joanna’s practice encompasses both contentious and non-contentious intellectual property law, with a particular focus on trade marks, domain names, consumer protection law, copyright, design and food law. She regularly advises local and international clients in all aspects of trade mark law. Her expertise includes searching, prosecution, opposition actions, non-use/removal actions, licensing and assignment, brand enforcement and protection, trade mark infringement actions, counterfeiting and parallel importing issues, domain name disputes, consumer protection, advertising and marketing matters, and sponsorship. Joanna regularly publishes articles and presents about a wide range of intellectual property topics.
Shaun Miller
Shaun specialises in film and entertainment law. His firm predominantly acts for production companies that make film content, including feature films, documentary films, television series, web series and shorts. Legal services are provided at each stage in which that film content is made: development, financing, production, distribution and marketing. Shaun has specialised in film and entertainment law for over 20 years. He has over 260 ‘legals’ credits and over 40 ‘executive producer’ credits which can be found on his IMDb profile. Shaun also has a background working in film distribution and exhibition via Sharmill Films and Cinema Nova.
Timothy Creek
Timothy's practice involves contentious and non-contentious intellectual property law matters, with a focus on commercialisation of intellectual property rights. His non-contentious practice includes the preparation and negotiation of commercial agreements for all IP and related rights, including commercialisation, assignment, licensing and confidentiality agreements. Tim has represented clients in patent, trade mark and design infringement and revocation proceedings, copyright infringement and breach of confidence matters. He regularly advises clients on general commercial matters, consumer protection and trade practices matters as well as intellectual property rights and their enforcement.
Nicole Murdoch
Nicole is a lawyer, Electrical Engineer and Trade Marks Attorney. Her 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 IP 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.
Peter Francis
Peter is one of Australia’s pre-eminent lawyers on technology commercialisation and is considered to be a ‘true expert with years of experience’, ‘particularly esteemed in non-contentious circles for his dexterous handling of commercialisation work for research organisations and technology developers’ (IAM Licensing 250, 2011/2012, IAM Patent 1000, 2012). Peter has more than 20 years’ experience advising listed companies, Commonwealth and State government agencies, Cooperative Research Centres, higher education providers, SMEs, not-for-profit funded research bodies and healthcare organisations.
Rhys Munzel
Since joining FAL Lawyers Rhys has advised on matters involving: technology commercialisation, IP ownership and infringement, IT procurement, employment law, and general contracts. He has assisted to establish research entities and technology startups and has advised Government departments and small businesses alike. He is well versed in patentability opinion work and has extensive expertise in patent opposition procedures. He assists various clients including startups, listed companies, universities, and cooperative research centres to file, prosecute and manage their patents.
Nina Fitzgerald
Nina focuses on all aspects of contentious and commercial intellectual property law including patents, trademarks, copyright, designs, Australian Consumer Law and passing off. She acts in litigation including highly technical patent matters. Nina advises on disputes including pre-action strategy, freedom to operate advice, oppositions in the Registry, interlocutory injunctions, mediations, trials, appeals and damages claims. She has also acted in IP arbitration proceedings. Nina is an expert in the interaction between AI and IP and is a thought leader in the legislative changes required to accommodate developments with AI. She is admitted as a Lawyer in Hong Kong and Australia.