Knowledge

Sweating over the legal side effects of Olympics fever

With the London 2012 Olympic Games just over two months away it’s likely that Olympics fever will soon take hold across Australia. If you or your client catches a bout you should consider the legal risks of associating a brand with the Olympics where the brand is not an official sponsor or licensee, particularly given...
Pinterest Boards filled with Copyright Holes
Are you considering using Pinterest as part of your company’s social media strategy? Does your Pinterest board pin someone else’s photographs? If so, you are probably interested to know the potential dangers and liabilities of using the site. The person who takes a photograph usually becomes the owner and has copyright over that photo. A...
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Privacy in the Mobile App World
As more and more branded mobile applications come across our desks for legal review, the importance of compliance with privacy legislation (in Australia and worldwide) has turned into a recurring theme. Where you or your client are collecting personal information about Australian users through an App, you will need to comply with the principles set...
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Who is liable for defamatory graffiti on your brand’s social networking site?
A common question asked of our team members is: ‘if a defamatory comment is posted on our social media page, would we be liable?’ To answer this question, we have provided a brief overview of the law as it currently stands. The nature of social networking sites lends itself to the inherent risk of a...
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Damages awarded for groundless threats of copyright infringement
The Federal Court of Australia has awarded Aboriginal activist artist, Richard Bell, damages of $147,000 against New York filmmaker Tanya Steele. This decision marks the first time that damages have been awarded where a third party had content removed from the internet without justification. Background Richard Bell paid Tanya Steele to assist him in making...
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ACCC eyes adland
Last month our consumer and competition watchdog, the ACCC, put the advertising industry on notice that it will be more aggressive in pursuing misleading ads. In her speech at the Australian Association of National Advertisers Annual Congress (for a full copy, go here), ACCC commissioner Sarah Court flagged three big ticket items: fine print qualifications...
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Twitter sued for Defamation
It was reported in the media (for example click here) this week that Twitter is being sued for defamation for the first time under Australian law. The case arose after a Melbourne man, Joshua Meggitt, was wrongly accused and named by writer and TV identify Marieke Hardy as the author of a hate blog dedicated...
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