White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

User Tools

Site Tools


nljan97

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Next revision
Previous revision
nljan97 [2011/02/14 18:24]
127.0.0.1 external edit
nljan97 [2017/07/30 18:03] (current)
Line 11: Line 11:
  
 It is important that intellectual property ownership is made clear in any pre-contractual negotiations and in your contracts. Parties engaging software developers should demand adequate contractual protection against loss and/or liability arising from copyright or other intellectual property breaches. Do you have a policy to cover these matters? It is important that intellectual property ownership is made clear in any pre-contractual negotiations and in your contracts. Parties engaging software developers should demand adequate contractual protection against loss and/or liability arising from copyright or other intellectual property breaches. Do you have a policy to cover these matters?
- 
 ===== Do you rent computer software or sound recordings on a commercial basis? ===== ===== Do you rent computer software or sound recordings on a commercial basis? =====
 Amendments made to the //Copyright Act 1968 //which came into effect in 1996 had the effect to include the exclusive right to enter into a commercial rental agreement as a right of a copyright owner. If you are operating a business which hires out, for example, computer games or musical recordings without a licence from the copyright owner to do so, you could be sued for infringement of copyright. Amendments made to the //Copyright Act 1968 //which came into effect in 1996 had the effect to include the exclusive right to enter into a commercial rental agreement as a right of a copyright owner. If you are operating a business which hires out, for example, computer games or musical recordings without a licence from the copyright owner to do so, you could be sued for infringement of copyright.
- 
 ===== How much control do you have over your website? ===== ===== How much control do you have over your website? =====
 If a customer has engaged a developer to create an Internet site the copyright in the site will most likely be owned by the developer and not the customer unless an assignment of copyright has been signed. If a customer has engaged a developer to create an Internet site the copyright in the site will most likely be owned by the developer and not the customer unless an assignment of copyright has been signed.
Line 25: Line 23:
  
 In addition, remember that if your site distributes,​ unauthorised copyright material, misleading or deceptive material or is defamatory you may be sued. Have your considered whether you need insurance for such activities. In addition, remember that if your site distributes,​ unauthorised copyright material, misleading or deceptive material or is defamatory you may be sued. Have your considered whether you need insurance for such activities.
- 
 ===== Are you familiar with the Electromagnetic Compatibility Framework? ===== ===== Are you familiar with the Electromagnetic Compatibility Framework? =====
 Although the EMC framework has been phased in since January 1996, compliance with these regulations will begin to be enforced from January 1997. Manufacturers and suppliers should make themselves familiar with the allowable levels of radio frequency emissions from electrical and electronic goods. Suppliers will have to test goods and complete a Declaration of Conformity. These records will be randomly audited by the Spectrum Management Authority (SMA). Goods which do not conform to the required standards may be seized and monetary penalties imposed on the suppliers. Further information is available at the Australian Communications and Media Authority website (formerly Spectrum Management Authority) www.acma.gov.au. Although the EMC framework has been phased in since January 1996, compliance with these regulations will begin to be enforced from January 1997. Manufacturers and suppliers should make themselves familiar with the allowable levels of radio frequency emissions from electrical and electronic goods. Suppliers will have to test goods and complete a Declaration of Conformity. These records will be randomly audited by the Spectrum Management Authority (SMA). Goods which do not conform to the required standards may be seized and monetary penalties imposed on the suppliers. Further information is available at the Australian Communications and Media Authority website (formerly Spectrum Management Authority) www.acma.gov.au.
- 
 ===== Choose your Domain Name carefully ===== ===== Choose your Domain Name carefully =====
 The US has seen many recent cases of individuals registering domain names which suggest an affiliation with a well known corporation which they hope to sell to the corporation in question. As found in //​Panavision International v Toeppen// this practice can violate the US Federal Trademark Dilution Act. Mr Toeppen was ordered to stop using the trademarks "​Panavision"​ and "​Panaflex"​ as domain names and to transfer the registrations of the domain names "​panavision.com"​ and "​panaflex.com"​ to Panavision International. Interestingly,​ Toeppen who is a resident of Illinois was sued in a California Court as his infringement was directed at a Californian business. What protection do you have if you were sued by an international firm for a similar infringement?​ The US has seen many recent cases of individuals registering domain names which suggest an affiliation with a well known corporation which they hope to sell to the corporation in question. As found in //​Panavision International v Toeppen// this practice can violate the US Federal Trademark Dilution Act. Mr Toeppen was ordered to stop using the trademarks "​Panavision"​ and "​Panaflex"​ as domain names and to transfer the registrations of the domain names "​panavision.com"​ and "​panaflex.com"​ to Panavision International. Interestingly,​ Toeppen who is a resident of Illinois was sued in a California Court as his infringement was directed at a Californian business. What protection do you have if you were sued by an international firm for a similar infringement?​
- 
-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. 
  

  © White SW Computer Law 1994-2016. ABN 94 669 684 644. All Rights Reserved.
  Liability limited by a scheme approved under Professional Standards Legislation
  This website 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.
  For legal advice please email wcl@computerlaw.com.au