Copyright Directive: Italy’s Transposition is Not So Creative and Original

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Lorie Lambert

Italian transposition of the Copyright Directive (as defined below) introduces some interesting additions within the free uses regulation, but it might not represent the relevant breakthrough for the press industry that its minor players, as well as the EU legislator, wished for.

BACKGROUND

On 26 March 2019, the European

Inside Thomas Embling Hospital, a forensic health facility

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ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Inside Thomas Embling Hospital, a forensic health facility

This post was originally published on this site

ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

French Reform of Automatic Intellectual Property Assignment for Non-Employee Personnel

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Liz Bodey

France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine.

This situation is changing, further to Decree n°2021-1658 dated 15 December 2021, replicating the

Substance Over Form: The Importance of Substantive Grounds in Parallel District-Court Litigation and Prior Petition IPR Denials in OpenSky Indus., LLC v. VLSI Tech. LLC

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Liz Bodey

On 23 December 2021, the Patent Trial and Appeal Board (“the Board”) instituted inter partes review (IPR) of U.S. Patent No. 7,725,759 B2 (“the ’759 patent”). See OpenSky Indus., LLC v. VLSI Tech. LLC IPR2021-01064, Paper 17 (Dec. 23, 2021). Petitioner OpenSky Industries, LLC (“OpenSky”) relied on expert declarations

2021: Not Such a Good Year (Deaths)

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Stephen Warne

People mainly governed by twits By February 2021 (when Australia’s vaccine roll-out commenced), half a million Americans had died from COVID.  That was already more than had died in the world wars and the Vietnam War combined.  In one week in September, more Floridians died from COVID than all the

ACCC Proposed Merger Reforms

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noreply@blogger.com (Mike Terceiro)

An outline of the Australian Competition and Consumer Commission’s proposed changes to Australian merger laws as announced by Chairman Rod Sims in August 2021, including a discussion of the likely prospects of the various reforms being accepted by the Australian Government.

How to Choose the Best Family Lawyer

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Stephen Page

In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page provides insight on how to choose the best family lawyer and law firm for you.

Transcript

G’day everyone. [It’s] Stephen Page from Page Provan Family and Fertility Lawyers.

You may

ASIC Case Note

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noreply@blogger.com (Mike Terceiro)

A discussion of the recent case Australian Securities and Investments Commission v Colonial First State Investments Limited [2021] FCA 1268 which involved extensive, long running breaches of the ASIC Act by Colonial, a subsidiary of the Commonwealth Bank.

How itchy underpants created Australia's consumer laws

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ABC Radio

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930’s

Court of Appeal eschews recourse to the Planning and Environment Act 1987 when construing a restriction on a plan

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Matthew Townsend

It’s long been established that equitable restrictive covenants or restrictive covenants inter partes should be construed in a common sense and non-technical way, with the objective being to ascertain the intention of the parties by reference to the words in … Continue reading →

Important Update to Transplantation and Anatomy Act 1979 (Qld)

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Stephen Page

I am delighted that the Health and Other Legislation Amendment Bill 2021 (Qld) proposes to amend the Transplantation and Anatomy Act 1979 (Qld) so that breast milk will no longer be treated as human tissue. This has been a vexing issue for some of our clients for some time now.

'Squatters' rights', and UK health laws

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ABC Radio

The Law Report revisits a New South Wales Supreme Court ruling against a retirement village developer that claimed ‘squatters’ rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in Britain’s health laws.

Sue Neill-Fraser loses appeal against murder conviction

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ABC Radio

Tasmanian woman Sue Neill-Fraser’s latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

4 reasons why a company should have a shareholder agreement

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Despite your best intentions, business relationships can deteriorate for any number of reasons.

So while it’s not a legal requirement to have a formal shareholders’ agreement, every company with more than one shareholder would be well advised to have one.

Read on to find out what a shareholder agreement is

'Body modification' on trial

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ABC Radio

In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic ‘body modification’ procedures go wrong?

Adriana Rivas mounts new appeal against Chile extradition

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ABC Radio

Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes

Assange extradition appeal, WikiLeaks and journalism

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ABC Radio

Britain’s High Court is set to hear the United States government’s appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.

Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge

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ABC Radio

A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom. Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian

Your legal obligations when you’re a liquor licencee

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Australian businesses that sell liquor have to follow a strict set of regulations. These rules are in place for a reason – to keep patrons and staff safe. Should you not comply, you could face stiff fines or lose your licence.

To avoid this, make sure you adhere to the

'Squatters' rights', and UK health laws

This post was originally published on this site

ABC Radio

The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters’ rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing

3 things you need to know about building contracts

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Your building contract is an important document that you shouldn’t sign blindly. Doing so could lead to messy legal wrangles and costly project delays.

But what should you look out for in a building contract?

Here are three common questions that come up with regards to building contracts. Make sure

What’s sham-contracting – and how do you avoid it?

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As the saying goes, if something looks like a duck, swims like a duck, and quacks like a duck … then it probably is a duck.

So even if your worker signs a contractor agreement, they may still be considered an employee under Australian law.

That’s why it’s critical for

Britain’s offshore detention plans, and investigating human rights violations

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ABC Radio

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France.  How to investigate human rights violations when on-the-ground access becomes impossible? And, the dangers facing human rights investigators in Afghanistan. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata