s.h.a.r.c. http://www.iconnect2u.net/sharc \"Stuff that\'s Helpful and Really Cool\" Thu, 22 Jul 2010 13:51:51 +0000 http://wordpress.org/?v=2.1 © info@iconnect2u.net () info@iconnect2u.net 1440 "Stuff that's Helpful and Really Cool" info@iconnect2u.net No no s.h.a.r.c. http://www.iconnect2u.net/sharc 144 144 Recent Legislative and Case Law Developments - Australia http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-australia/ http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-australia/#comments Tue, 27 Mar 2007 01:05:10 +0000 jdrlegal http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-australia/ A range of changes to the Australian Copyright Act came into force on a range of dates between 11 December 2006 and 8 January 2007.

  • Protection for users has been given where use of copyright material is a fair dealing for the purpose of parody or satire;
  • New sections 43C, 47J and 110AA permit copying and storage to different platforms for one’s own use – these exceptions are to be reviewed by 31 March 2008;
  • A new section 109A permits domestic copying of sound recordings for the purpose of ‘format shifting’;
  • Remedies have been enhanced to permit copyright owners to take civil action against commercial-scale electronic infringements, including the commercial facilitation of peer-to-peer file sharing and provision of hypertext links or downloads;
  • The prohibition on circumvention of access controls has been strengthened both as to civil remedies and criminal penalties but the requirement that the access control represent a ‘technological protection measure’ against copyright infringement remains;
  • Archives and libraries, schools and organizations for people with disabilities have been given further protection from copyright infringement where copying takes place for their legitimate purposes.
]]> http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-australia/feed/ Recent Legislative and Case Law Developments - USA http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-usa/ http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-usa/#comments Tue, 27 Mar 2007 01:04:38 +0000 jdrlegal http://www.iconnect2u.net/sharc/2007/03/27/recent-legislative-and-case-law-developments-usa/ The US Court of Appeals in the case Brooks-Ngwenya v Thompson and others (7th Cir., 17 October 2006) denied relief to a person who claimed to be the copyright owner of certain material and that another party was using the material without her consent. Her claim was denied on the basis that the person claiming infringement had not registered the copyright in the material with the Library of Congress in the US.

Copyright is protected by federal law in the US, which requires the owner of the copyright to have registered the copyright with the Library of Congress in order to bring a claim for copyright infringement in US federal courts.

The US federal court is the only legal arena in which copyright matters are determined in the US.

Perhaps it’s time for creative talent, entrepreneurs and SMEs trading into the US to get Uncle Sam’s copyright stamp of approval…

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