[LINK] "Men at work" up a gum tree

Anthony Hornby anthony.w.hornby at gmail.com
Fri Feb 5 00:10:48 AEDT 2010


The remarkable part in these cases for me is still the ludicrous copyright
law regime we find ourselves in .... life+75 years is just an absurdity.

Anthony

On 04/02/2010 10:10 PM, "Philip Argy" <pargy at argystar.com> wrote:

Since the Mickey Mouse amendment (agreed as part of the US-Australia Free
Trade Agreement) the term of copyright is now life of the author plus 75
years.

By the way, just because the judge found that a few bars of Kookaburra were
qualitatively substantially reproduced in Down Under, don't assume that huge
damages would be attracted.  On a pro rata basis it might only be a few %,
assuming the decision is not overturned on appeal.  The judge has already
hinted at a low % damages outcome by his specific finding that the
Kookaburra portion was NOT the  'hook' for Down Under.  But even a low %
might still be a big number if taken back to day 1.

Others have expressed surprise that Larrikin could bring the action, but
anyone can buy a debt and then enforce it, and a debt is simply a right of
action.  Similarly if you buy copyright you buy all the enforcement rights
and rights of action that go with that title.  It's quite unremarkable
really.

Philip



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