Copyright Law and Business Protection

This assignment presents a case study about Duncan, who owns a 10-year-old website business. Richard Mops allegedly infringed upon Duncan's copyrighted slogan and website content. The task is to analyze the situation using Australian copyright law, identifying potential legal actions Duncan can take against Mops, such as claiming damages, seeking an injunction, or pursuing criminal penalties for copyright infringement. The assignment also requires referencing relevant case laws and legislation.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Issue.................................................................................................................................................2
Rules................................................................................................................................................2
Conclusion.......................................................................................................................................8
Reference.........................................................................................................................................9

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Issue
According to the case study the issue has been arises for Duncan whether he can take any
protection under copyright act for protects his business slogan and website from being influenced
by other business authority?
Rules
The Australian copyright act 1968 has legislated the enforceable rights of creators of
Creative and artistic works under Australian law. The copyright under the Australian law has
provided protection of the property which is introduced as per the basis of a person’s creative
skill and works. It also protects the form or way of the idea of the information which has
expressed through the skills but not Idea or information itself. This is also form of the moral
rights of the creators where the Australian authority has provided the right of integrity of
authorship, the right of attribution of authorship and the rights against false attribution of
authorship. The copyright act has provided to protect the rights which includes the right to copy
publish communicate and publicly Reform the copyright material (Stokes, 2014).
Under the Australian law the copyright act 1968 is helps to protect the original literacy
work, dramatic, musical and artist works which must be made by a citizen of Australia or that
person first published the work in Australia or it has a specified connection with the country
which is member of the relevant International copyright treaty. The literacy work includes any
writing or any other material which has been written by the creator or the inventor and it may
includes letters, emails, articles, novels, poetry, song lyrics, time table, data bases and any other
computer programs. The copyright has also helps to protect the names and titles of the creator

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who have created through his work which may include the books or novels or any computer
based programs or website or business slogan anything (Murray & Unit, 2014).
The part 3 of the copyright act 1968 has provided the protection in the original literacy,
dramatic, musical and artistic works which includes under the literacy the computer programs
business slogans and website productions also. The section 36 of the copyright act 1968 has
provided the legislation of infringement by doing acts comprised in the copyright where the
person who is not the owner of the copyright act must not influenced with the original work and
if that person has influenced the copyright protection then the owner of the work must have right
to take any reasonable steps to prevent or avoid the doing the act for protection of his original
work. The copyright act not protected the ideas or information of the work from the original
author. The ideas, concepts, styles, techniques and information it never be protected under the
copyright act. However names, titles and slogans are protected by the copyright when the person
who is using the slogan for his business purpose and other person is also trying to use the same
slogan then as per the area of the law the original author can protected such slogans with the
trademarks registrations which helps to protect the slogan under the copyright act
(Papageorgiadis, Alexiou & Nellis, 2016).
One of the famous case of Federal Court of Australia Accor Australia & New Zealand
Hospitality Pty Ltd v Liv Pty Ltd [2015] the case has been related with the trademarks under
the copyright act where the trademarks has been influenced by the defendant where it has been
found that the plaintiff and defendant has the same identical trademarks which has been
registered under the same business name, domain name and the website layout. Internet
advertisement is also has the similarity. Therefore the plaintiff has registration under the

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trademarks which helps him to get the legal authority to continue with his business Trademark
whereas defendant has faced legal obligations (Schmelzer, 2014).
In another case state of State of Victoria v Pacific Technologies (Australia) Pty Ltd
(No 2) [2009] has confirmed about the businesses which is interested in protecting their valuable
trading names and slogans and want to registered trademarks rather than seeking to depend on
the copyright. In this case the court has been processed the justice in the copyright Tribunal for
The Pacific Technologies where they have a determination on the royalty payable by the state of
Victoria for using their copyright phrase. Therefore it has been stated that copyright never subsist
in the relevant phrase on the basis that the phrase was to ordinary insubstantial and common
place to constitute an original literacy work under the copyright act 1968. Therefore it is only
recognized as an idea therefore it never be protected under this act (Murray & Unit, 2014).
IceTV Pty Limited v Nine Network Australia Pty Limited [2009] is another
Australian famous case of copyright act where it has been stated that literacy work has been in
framed under the copyright act while a television programs has been broadcast on the television
station. However the plaintiff has make the allegation infringement of copyright by Reproduction
of substantial part of their weekly schedule and the copyright act has been infringed where the
defendant has been fined with penalties for in French the copyright act 1968 (Papageorgiadis,
Alexiou & Nellis, 2016).
The Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd [2001] is
another case of Federal Court of Australia where it has been registered under the copyright
protection act. In this case the decision has been given that allowed the subjects of the product
for the user to acts reverse for the telephone searches service number which make it similar

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which related to the publicly listed directories which is some of the subjects was listed in a
different fashion. In this case the owner of the telephone directories has found that they owned
the rights in copyright in the subjects of those directories. Therefore the use of the data by the
respondent has been stated the infringement of the copyright under the copyright act 1968 of
Australia (Stokes, 2014).
Application
According to the case facts Richard Mops has started a car rental company in his location
which has its own website name Outback rentals and themed in a red, yellow and Orange color
scheme and it also used the style font called the Outback. He has also design his website with
the slogan ‘Zoom Zoom Australia’ and it offers various car rental options, holidays and tourism
package for the customers. Duncan Davies is another person who has same car rental business in
Central Australia which name is Red Dirt Rentals is also has using the slogan ‘Zoom Zoom
Safaris’ for the past 10 years. He has also owned a website which has bright red and Orange
color scheme and uses a stylish font called the Outback and it also offer the for the customer for
2 to 10 days holiday packages which includes rental, transport, tourism, food and
Accommodation packages. Recently he noticed that the booking has been decreased significantly
rather than the previous year while there regular customers are booking their usual 6 days
vacation with the Outback rentals through their website. Now he wants to protect his website
and business slogan under the copyright act of Australia (Murray & Unit, 2014).
Copyright is provide such rights where the creators has introduced their creative works
such as text, artistic works, music, computer programs, sound recording. The rights has provided
by the copyright owner for the production of the material where they has also write to perform of
such work to the public. Therefore the copyright owners can involved in preventing their works

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others from reproducing communicating their work without their permission or may sell these
rights to someone else. It also provides a separate right to the property right for any object or
material where it actually works automatically. There is no need for copyright registration in
Australia until there is a legal requirement to publish the work or to put a copyright notice on
such work. It automatically protected as soon as it has been formed into material way which has
been written down or recorded or introduces any computer program etc. However copyright
never helps to protect ideas concept style or techniques (Stokes, 2014).
Under the copyright it helps to protect:
 textual materials like any literacy work which includes journal, articles, novels,
screenplays, poems, song, lyrics and reports
 the computer programs like websites
 the complications where the selection and arrangement of material may be protected
separately from the individual items
 the artistic work which includes cartoons, sculpture, craft work, drawing, painting,
building, photographs
 the dramatic works which includes plays, choreography, the musical work, lyrics, music
itself or recording
 the cinematograph films which includes video, film, DVD the sound recording like any
music or story which is protected by the copyright
 the broadcast which includes TV and radio broadcaster
 The published editions like any publishers have their typographical arrangement which is
completely separate from the copyright in works reproduce in the addition like poem on
music anything.

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 The names titles and slogans are also maybe really too small but they are protected under
the copyright act. Therefore if someone uses a name title or slogan which is already being
used by someone else may create legal obligation for him such as trademarks (Schmelzer,
2014).
Under the Trademarks act 1995 it has protected such slogans on names or marks which
should be registered under the Australian government for the protection under the copyright law
and it will help the person to registration his own company name or business name for prevent
others from registering and using the same name (Papageorgiadis, Alexiou & Nellis, 2016).
Therefore according to the case study Duncan has a business from past 10 years. Therefore
he should have a registration under the trademarks act for protect his website business slogan and
for the protection of the website he can registered under the copyright Protection Act 1968 which
helps him to running his business smoothly and prevent other person for not using his business
name or slogans but the idea, style, techniques or information are never be protected under the
copyright act (Murray & Unit, 2014).
The person who owner of the work has right to set the rules of copyright act. Therefore the
copyright act set the general rule where the creator of the work of the person who is making such
creation has right to published it publicly first and protect their work under the Federal
Government of Australia. The copyright act has provided such rules where the creation of the
work is protected for 70 years from the year of Publication. Therefore sometimes copyright
owners can use some Technologies to protect their digital materials like computer software or
website. Therefore it will help to identify and monitor digital copies of the material and if any
infringement has been found by other person then that copyright owners can take any kind of

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legal action against the person who has beached the copyright act. Under the copyright act it is
completely a criminal offence for infringing the copyright act of the creator (Stokes, 2014).
Conclusion
Therefore according to the case facts if it has been found that Richard Mops has infringed
the copyright of Duncan business. However the original creator can claim for the damages and
compensate for the money for the infringement. If the court is found that it has been
infringement therefore the plaintiff can apply for an injunction for such infringement of the
copyright. If a person has found guilty for the infringement of copyright act therefore he can be
finned with monetary penalties or imprisoned for up to 2 years (Papageorgiadis, Alexiou &
Nellis, 2016).

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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., & Unit, I. P. (2014). Duration of Copyright Protection in Australia.
Papageorgiadis, N., Alexiou, C., & Nellis, J. G. (2016). International licensing revisited: the role
of copyright and trademark enforcement strength. European Journal of Innovation
Management, 19(2), 261-275.
Schmelzer, R. A. (2014). U.S. Patent No. 8,645,279. Washington, DC: U.S. Patent and
Trademark Office.
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
Trequattrini, R., Manfredi, S., Lombardi, R., & Scordino, L. D. (2017). Copyright-based industry
and network theory: exploring new horizons. International Journal of Digital Culture and
Electronic Tourism, 2(2), 83-102.