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ARTICLE · 31 MARCH 2012

Recent Developments in Australian Copyright Law - iiNet, Telstra, Optus TV Now and PPCA

The development of online and computerised content has raised some interesting questions about the future of copyright.

AustraliaIntellectual Property

1. Background

Four key decisions, three of which involve interpretations of the Copyright Act 1968, and one which looks into the Broadcasting Services Act 1992, show that the development of online and computerised content has raised some interesting questions about the future of copyright in online content, computer-created works, and the broadcast of television and radio online. In summary:

  1. The iiNet decision, now on appeal to the High Court, has clarified that ISPs are not responsible for authorising the illegal downloading of content, yet also suggests that they have a responsibility to ensure that their users are reprimanded for using their services for such purposes.
  2. The Telstra Phone Directories decision suggests that material generated by a computer does not attract copyright, which raises some noteworthy questions about the future of computer-created works.

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