Copyright and Trademark Enforcement †Free Samples to Students

Question: Discuss about the Copyright and Trademark Enforcement. Answer: Introduction: The Australian copyright act 1968 has stated the provisions of rights of the creators for the creative and artistic works in Australia. The copyright act helps to protect every idea and information which has been created and expressed by the creator and also provides the moral rights to the creators under the Australian authority. The copyright act describes the rights of attribution of authorship, the rights against false attribution of authorship and the rights of integrity of authorship where it provides a complete protection to the authors work for copy publish, communicate and publicly reform the copyright material (Papageorgiadis, Alexiou and Nellis 2016). According to the copyright act the part 3 has described the protection of the original literacy, musical, artistic and dramatic works where along with the computer programs business slogans and website productions also. In this part the section 36 has defined the acts of infringement where it is comprised in the copyright protection and the person who is not the creator of the work must not influenced who is the original work. Therefore that person who is the creator of the original work should influence under the copyright protection act for the protection of the original production. However the copyright act though protects the originality of the work of the creator but it never protected the information or ideas of the original author. In the case of Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] the federal court of Australia has found that the company has been registered with the copyright Protection Act where the court has stated the decision for allowing the subjects of the product for the using of telephone service number and found the same service with the publicly listed directories. However in this case the respondent has influenced of the copyright under the copyright act of 1968 of Australia. In another case Australia Accor Australia New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] the court has found that the trademark of the company has influenced by the defendant and both the plaintiff and defendant owned same identical trademarks however court has registered decision against of the defendant where they found that plaintiff was already registered under the trademarks and allow him to continue with his business trademarks (Papageorgiadis, Alexiou and Nellis 2016). In the case of IceTV Pty Limited v Nine Network Australia Pty Limited [2009] literacy work has been influenced by the defendant however due to the infringement of the copyright act the defendant has finned with penalties under the copyright act. Another famous case State of Victoria v Pacific Technologies (Australia) Pty Ltd (No 2) [2009] where in the business are trading name, slogan registered under the trademarks but they have found that the right has been infringed as for the phrase of ordinary substantial and common place to constitute the original literacy work. However the copyright act 1968 has found not to put it the idea of such phrase of the company as the copyright act never able to protect the idea and information of the creators work (Murray and Unit 2014). Application The fact of the case is Richard Mops who started a car rental company with the website name of Outback rentals where he used red, yellow and Orange color scheme along with the style font Outback. He was using the slogan Zoom Zoom Australia where it provides various offers for the customers including car rental options, holidays, tourism package. In the same area Duncan Davies who continuing his family car rental business from past 10 years where he named his website Red Dirt Rentals and using the slogan of Zoom Zoom Safaris he has used the bright red and Orange color scheme including the stylish font Outback and this website also offers various packages for the customers which includes rental, tourism, transport, food and other accommodation packages. However, he recently notice that his business is decreasing due to the Outback rentals is became popular for the customers therefore now he want to protect his website and the business slogan under the copyright act of Australia (Papage orgiadis, Alexiou and Nellis 2016). The copyright has provided various obligations and rights to the creators who make the original works which includes text, sound, recording, artistic work, music and computer programs. Therefore they have right to use and application of such works. They can perform or introduce such work to the public (Murray and Unit 2014). However the copyright act defines a special separate right for the property where it automatically protects such works. It helps to protect: Any literacy works like novels journal articles and including computer programs and websites it also protects the artistic works which would be photographs, cartoon, sculptures, craft work it protects the dramatic works like musical work with lyrics, choreography The names titles and slogans which are also protected under this act hair the slogans which are used by the original creator me use the trademarks which help them to protect under the legal obligations. Therefore if Duncan has protected his business registration under the trademarks act. Therefore it will automatically protect the website business slogan along with the website. The proper registration will help him to protect the business name, slogan and the website but the idea, style and techniques which has been used those are never protected under the copyright act. The person who owned his own creation has right to set rules under the copyright work where they can publicly published his work and it will protect the originality of such work for 70 years from the year of Publication (Papageorgiadis, Alexiou and Nellis 2016). Conclusion According to the case study it can be concluded that Duncan is the original creator of all of his car rental business which has been continuing from last 10 years. Therefore according to the copyright act if the original creator found that the work has been influenced by some other person then he can claim for the damages where it can be compensate. If the defendant has found guilty with such infringement of copyright act therefore he can be punished with penalties or imprisoned for up to 2 years (Murray and Unit 2014). Reference Accor Australia New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 (5 June 2015) IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14. Murray, T. and Unit, I.P., 2014. Duration of Copyright Protection in Australia. Papageorgiadis, N., Alexiou, C. and Nellis, J.G., 2016. International licensing revisited: the role of copyright and trademark enforcement strength. European Journal of Innovation Management, 19(2), pp.261-275. State of Victoria v Pacific Technologies (Australia) Pty Ltd (No 2) [2009] FCA 737 Stokes, S., 2014. Digital copyright: law and practice. Bloomsbury Publishing. Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] FCA 612