Category Archive for: ‘Media’

WIN v Nine: Bumping shoulders as the internet grows more crowded

Prepared by:    Michael Swinson and Helena Kanton Australia’s major media companies are increasingly bumping shoulders as technology convergence brings them into closer competition with one another. The Internet has become a new common battleground for broadcasters, newspapers and new market entrants like Netflix and other streaming service providers all competing for the same eyeballs. In the most recent shoulder bump, …

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Social media “influencers”: the do’s and don’ts of disclosure

It’s now a widely acknowledged reality that commercial organisations need defined social media strategies and policies in place as a framework for approaching the world of ’gramming, liking, sharing, connecting (and, a recent addition to the Facebook stable, “reacting”) online.  An increasingly important part of that strategy is often engaging social media ambassadors or “influencers” to promote products or brands …

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My Copyright Rules: Seven cooked by Nine in legal pressure test

Are all reality TV cooking shows the same? Television networks Seven and Nine were recently embroiled in legal proceedings over whether Nine’s new show, The Hotplate, is a rip-off of My Kitchen Rules. The food fight started when Hotplate aired at the same time of Seven’s new show, Restaurant Revolution. When Seven’s offering received a lukewarm reception in the ratings, …

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Self(ie) made: Artist makes a Princely sum selling other people’s photos

That selfie stick might actually be a wise investment – after all, your next Instagram post could be worth thousands. US artist Richard Prince’s latest exhibition, ‘New Portraits’, is a series of printed screenshots of other people’s Instagram photos. The going price for each piece? A cool US$90,000 (roughly A$115,000). The amount the original Instagram posters will get? $0. Prince …

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What’s in a name? (Try to) Keep up with the Kardashians

Here at IP Whiteboard, we learnt the power of a celebrity name when one of our posts got roughly 20 times more hits than we expected (and crashed the site in the process). Why? While we like to think the combination of on-trend pop culture knowledge and cutting edge legal analysis really drew readers in, ultimately it was the celebrity …

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Looking to move your brand into China? Here’s our quick guide to protecting your IP in the process

Successfully exporting your Australian brand into the Chinese market is a challenging task and it requires a significant investment of time and resources, together with a well thought-out brand protection strategy. Set out below is our quick guide to some high level issues to think about in the IP space if, like many, you’re looking at the opportunities presented by …

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Disney’s “Frozen” in copyright dispute – filmmaker can’t Let it Go

Question: What do these things have in common? a snowman loses his carrot nose, and it slides out to the middle of a frozen pond; the snowman is on one side of the pond and an animal who covets the nose is on the other; the characters engage in a contest to get to the nose first and the animal …

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Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal. Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by …

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Getting mathematical about a musical treasure: “I Am Australian” in the Copyright Tribunal

Back in November 2014 we reported that the iconic song, I Am Australian, was in the midst of a legal dispute in the Copyright Tribunal of Australia (Tribunal) between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth Government.  You can read more about the background to the dispute here. What’s the update? In summary, Mr Bruce …

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