Copyright

Isentia: Acting for Isentia, the largest media monitoring organisation in the Asia-Pacific, in Federal Court proceedings commenced by Australian News Channel Pty Ltd (ANC), which is part of the News Corp Australia group. ANC commenced a Federal Court test case seeking declaratory relief as to the proper construction of section 183(1) of the Copyright Act and, specifically, whether acts undertaken in providing media monitoring services to government are acts "for the services of the Commonwealth or a State" within the meaning of that provision. Isentia successfully defended the proceedings both at first instance (Australian News Channel Pty Ltd v Isentia Pty Ltd [2024] FCA 363) and on appeal (Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49). This case is the leading Australian decision on the scope of the Crown use provisions in the Copyright Act.

Also acted for Isentia in Copyright Tribunal proceedings against Copyright Agency concerning a licence for the reproduction and communication of media articles. Isentia was successful both before the Tribunal (Re Application by Isentia Pty Ltd [2021] ACOPYT 2) and in the judicial review application to the Federal Court (Copyright Agency Ltd v Isentia Pty Ltd [2022] FCAFC 163).

Free TV: Acting for Free TV Australia Ltd in Copyright Tribunal proceedings concerning the licence terms for a commercial television broadcast industry agreement with collecting society, Phonographic Performance Company of Australia Ltd (PPCA). Each of Free TV's broadcaster members requires a licence to broadcast third party sound recordings included in all of their programs, and as such securing a licence from PPCA on reasonable commercial terms is essential. This matter is significant, as the terms of the agreement will set the licence fees and other terms that will apply to the broadcasting of protected commercial sound recordings by free-to-air television broadcasters for years to come.

Apple: Acting for Apple in Copyright Tribunal proceedings commenced by Australasian Performing Right Association Limited and Australasian Mechanical Copyright Owners’ Society Limited's (together, APRA AMCOS) regarding a new licence scheme for the reproduction and communication of musical and associated literary works for subscription video on-demand (SVOD) services. The licence scheme will apply to all SVOD service providers operating in Australia. The licence scheme determined by the Tribunal will set the licence terms for the entire Australian SVOD industry for years to come.

Global news agencies: Acting for a range of global news agencies including Agence France-Presse (the world's oldest news agency), The Associated Press (which has earned 58 Pulitzer Prizes, including 35 for photography), Reuters News & Media Inc (one of the largest news agencies in the world), dpa Picture-Alliance GmbH and PA Images. These agencies are leaders in the creation, licensing and distribution of high-quality images and multimedia content for use worldwide. We actively protect these rights by enforcing copyright under the Copyright Act 1968 (Cth), pursuing cases of unauthorised use. Our work ensures that our clients can safeguard the value of their works and maintaining the integrity of their licensing frameworks that are fundamental to their business models as global news agencies.

Commonwealth of Australia: Advised the Commonwealth on acquiring the copyright in the Aboriginal Flag from its indigenous creator, including negotiating directly with exclusive licensees to buy out their rights.

Commonwealth Department of Education: Advising the Department in creating the Higher Education Research Commercialisation Intellectual Property Framework, which is made up of 12 IP agreement templates (e.g. research agreements, licence agreements, assignment agreement, confidentiality agreement, technical services agreement), their plan English equivalents, along with guidance materials on their use. See www.education.gov.au/hercip

Hellenic Broadcasting Corporation: Acting for the state owned public broadcaster of Greece in successful Federal Court proceedings alleging copyright infringement by an unauthorised Australian retransmitter.

OfficeMax: Acted in defending copyright infringement proceedings in the Federal Court brought by a competitor relating to the reproduction of computer assisted design images of school furniture for supply to the NSW Department of Education.

University of New England: Acting for UNE, a significant Australian educational institution, in a Federal Court proceeding concerning copyright in software. The proceeding involves an application for preliminary discovery against a former academic and his new employer, an overseas university.

KPM Industries: defended KPM Industries in Federal Court proceedings brought against it by a competitor alleging copyright infringement, trade mark infringement and misleading conduct.

Godfrey Hirst: acted for Godfrey Hirst in Federal Court proceedings against a competitor concerning copyright infringement and misleading conduct.

AgBoss: acted for AgBoss Group in a Federal Court proceeding against a competitor relating to allegations of copyright infringement, liability under the tort of passing off and contraventions of the Australian Consumer Law.

SOLIDWORKS software: acting for a manufacturing business in defence of Federal Court proceedings commenced against it by Dassault Systemes Solidworks Corporation, concerning alleged infringements of copyright in SOLIDWORKS software.

Accent Group Limited: Acting for Accent Group to defend Accent Group against copyright infringement allegations.

Redberry Enterprise: Acted in successfully defending Federal Court proceedings alleging design infringement against our client. This was the first court decision to consider the infringement test under the Designs Act 2003 (Cth), and it remains the leading Australian judgment on the role of colour in a registered design: see Review Australia Pty Ltd v New Cover Group Pty Ltd (2008) 79 IPR 236.

VEHLA: Advising Vehla Eyewear Pty Ltd, designer of luxury eyewear for women, on global design protection and enforcement strategies.

Remarkable Media: Advising Remarkable Media, an aerial advertising and experiential marketing company, on the protection and enforcement of its global registered designs.

GME Pty Ltd: Acting for GME Pty Ltd in successful infringement proceedings against Uniden Australia Pty Ltd for infringement of GME's registered design for a handheld UHF mobile radio device.