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Guide:
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Moral Rights
Cases
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Cases 2006-
This page supplements the Intellectual Property Guide
elsewhere on this site.
It identifies major copyright and competition law rulings
by courts and tribunals since 2000, along with pointers
to selected academic studies -
Retransmission
Copyright Tribunal sets fee for retransmission by pay
television operators of free-to-air broadcasts. Pay-tv
operators required to pay 22.5c per subscriber, per month,
to retransmit. (3 May 2006)
Meskenas v ACP
Meskenas v ACP Publishing in the Federal Court
involved action by 89 year old artist Vladas Meskenas,
whose portrait of Victor Chang was incorrectly attributed
to painter Jiawei Shen when reproduced in ACP's Woman's
Day magazine. Raphael FM noted in his crisp judgement,
discussed here,
that "no apology was provided, notwithstanding that
Eugene Meskenas made approximately 90 telephone calls
in total to the magazine".
In a landmark for Australia's moral rights regime the
Magistrate awarded $8,000 in relation to infringement
of Meskenas' moral right, commenting
I
should make it clear this award relates to the conduct
of the respondent and the additional hurt caused by
that conduct to the applicant following his advice to
it that his copyright/moral right had been infringed.
It is therefore additional to the lesser sum [$1,100]
awarded in respect of the original infringement
Meskenas
v ACP Publishing Pty Ltd [2006] FMCA 1136 (14 August
2006) | here
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