[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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