White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
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 ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 2009 ====== ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - February 2009 ======
-===== DIRECTORS’ LIABILITY FOR COPYRIGHT INFRINGEMENT ​=====+===== Director'​s Liability for Copyright Infringement ​=====
 Ordinarily, a company’s director cannot be sued directly for loss and damage arising from the actions of the company. ​ However, accessorial liability can arise in relation to, amongst other things, copyright infringement,​ leaving the directors of the company exposed to a claim for damages. Ordinarily, a company’s director cannot be sued directly for loss and damage arising from the actions of the company. ​ However, accessorial liability can arise in relation to, amongst other things, copyright infringement,​ leaving the directors of the company exposed to a claim for damages.
  
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 The fact that GE had by the time of the hearing purchased software licences from an Autodesk re-seller, was held by the Court not to have addressed GE’s past use of different versions of the software over the previous 10 years.  ​ The fact that GE had by the time of the hearing purchased software licences from an Autodesk re-seller, was held by the Court not to have addressed GE’s past use of different versions of the software over the previous 10 years.  ​
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 In addition to the normal award of damages, the Copyright Act(([[http://​www.austlii.edu.au/​au/​legis/​cth/​consol_act/​ca1968133/​s115.html|Section 115(4)]])) empowers the Court to award additional damages for copyright infringements.  ​ In addition to the normal award of damages, the Copyright Act(([[http://​www.austlii.edu.au/​au/​legis/​cth/​consol_act/​ca1968133/​s115.html|Section 115(4)]])) empowers the Court to award additional damages for copyright infringements.  ​
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 When determining whether to award such damages, the court considers: When determining whether to award such damages, the court considers:
   * When determining whether to award such damages, the court considers:   * When determining whether to award such damages, the court considers:
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 Whilst it was open to the Court to find that Mr Ginos was a joint copyright tortfeasor it made no finding in this regard – probably because it was not necessary to make such a finding in this case.  However, all directors should be aware that if a common design is held in relation to any wrong (including copyright infringement) then liability may be found against the directors personally as well as the company. Whilst it was open to the Court to find that Mr Ginos was a joint copyright tortfeasor it made no finding in this regard – probably because it was not necessary to make such a finding in this case.  However, all directors should be aware that if a common design is held in relation to any wrong (including copyright infringement) then liability may be found against the directors personally as well as the company.
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-**STEVE WHITE\\ 
-WHITE SW COMPUTER LAW\\ 
-FEBRUARY 2009**\\ 
- 
-**www.computerlaw.com.au** 
-**© White SW Computer Law 2009** 
-This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice. ​ 
  

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