Defamation is a common law tort governed by the Uniform Defamation Laws enacted across Australian States and Territories in 2005 and 2006. Under the Uniform Defamation Laws a publication will be defamatory if the published material has consequences of: 1. Exposing the person to ridicule; or 2. Lowering the person’s reputation in the eyes of… Read More
Read moreCopyright in Photographs – Perils of online copying – October 2014 By Katarina Klaric, Principal, Stephens Lawyers & Consultants There is a common misconception by internet users that photographic images found on the internet, websites and social media sites such as Facebook, Twitter and Instagram can be freely copied and used for commercial purposes without the… Read More
Read moreCorby v Allen & Unwin Pty Ltd [2013] FCA 370 The Federal Court case of Corby v Allen & Unwin Pty Ltd (“Corby case”) illustrates the risks associated with not taking adequate steps to ascertain the copyright ownership in photographs and not obtaining permission or licences from the copyright owner. The Corby case involved a… Read More
Read moreLegal Business Structures For Bands and Musical Ensembles – September, 2014 Music is our passion, why complicate it with legalities and company structures? Emerging bands rarely consider legal and business issues associated with the band’s activities which may include, live performance, concerts, touring, recording, marketing, distribution and sale of their recorded music and associated merchandise…. Read More
Read moreStephens Lawyers & Consultants Legal Update: July 2013 The ACCC continues to target the energy sector for possible false or misleading representations made by businesses that relate price rises with the impact of the carbon price. In the first 100 days since the commencement of the carbon price on 1 July 2012 the ACCC received… Read More
Read moreStephens Lawyers & Consultants Newsletter: July 2013 Recent decisions of the Victorian Supreme Court involving publication of defamatory material in the online environment indicate that the court will award significant damages for reputational damage. Websites, blogs, emails and social media such as Twitter, Facebook and Instagram all provide businesses, non-for-profit organisations and individuals with the… Read More
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