Volume 71 - October 2012

Take the new 3 minute "Are you Legally IP Savvy" Quiz to win  Easy IP - The Movie a new 40 minute DVD explaining what you need to know about intellectual property law to identify and protect your IP (RRP. $55). See below for details.

Paul Brennan

Editor

Author of The Law is an Ass...Make Sure it Doesn't Bite Yours!

info@lawanddisorder.com.au

The 3 minute "Are you Legally IP Savvy" Quiz

This is an Intellectual Property ("IP") law quiz for business owners especially those operating online to test their response to IP issues which can lead to either gaining, or losing IP rights.

It awards a certificate with your name and score.

The quiz is free and can be repeated under an assumed name until a perfect score is achieved.  It follows on the success of the Are You Legally Savvy Quiz which has been taken over 1,000 times, possibly by the same person.

IP law is similar in every country, in a suitably confusing way.  An explanation is given with each answer.

We would welcome any feedback on the quiz, unless it is seriously flawed, in which case, we would prefer not to know.

(c) Paul Brennan 2011 All rights reserved.

If you have an IP related legal problem speak to your lawyer.

 Privacy Law- You and Those Naked Photos

You were aware that someone had a video camera, but were surprised when you appeared on YouTube as “Drunken middle-aged fool dancing”. As the popularity of your video clip soars, people start to recognize you on the street.

Your lawyer tells you that you can’t stop it, even if you did not give your permission.

However, before you vow never to go to another wedding, know that some things are private, even for celebrities and, therefore, protected:

• When Naomi Campbell was snapped stepping out of the Narcotics Anonymous meeting the papers were wrong in printing the pictures, as it related to medical treatment.
• When secret pictures were taken of Ewan McGregor’s children, publication was not permitted.
• Catherine Zeta-Jones sold the right to take pictures of her wedding to OK! Magazine for $US1.5M. A paparazzo sneaked in, took pictures and sold them to HELLO! Magazine. Her deal was protected by commercial confidence.

Therefore, feigning a heart attack, involving your children and pre-selling your drunken exhibition are all ways to stop your appearance on YouTube.  

It may be worth a try to claim that a song you were singing at the time, or your performance itself is a copyright work and, therefore, protected.

A person caught on CCTV trying to commit suicide, unsuccessfully as it turned out, was compensated when the pictures appeared in the press, whereas an abattoir trying to stop pictures of their possum stunning procedure was not protected, even though the pictures were taken by a trespasser.

To digress, what about affairs with neighbours? I hear you ask. Affairs and sexual indiscretions do not seem to be protected from the press, or other interested parties, pictures or no pictures; although a Brazilian model who unexpectedly discovered a video of her making love to her boyfriend on the internet was successful in having it removed. Therefore, an innocent couple’s lovemaking is something private. On the same basis that rare footage of sex within marriage would also be protected.

So, what is protected? Well, it is a balance of your right to a private life against the video cameraman's or journalist’s often stronger right to freedom of expression. For instance, naked pictures of a young woman on a beach may not be protected. The same pictures in her bathroom or of a Duchess on her brother-in-laws private estate; definitively yes. Naked pictures of a judge (unless it is on a beach); hopefully yes.

Be warned; your 15 minutes of fame awaits you. Yet, it is possible to use privacy law to protect your business, your breasts and other secrets.

(c) Paul Brennan 2012. All rights reserved. 

Next month : how to have naked photos and other content removed from websites.

Click here for legal books and eBooks by Paul Brennan.  It's an easy way to learn legal basics for time poor business owners.

WIN EASY IP-THE MOVIE

Each person taking the 3 minute "Are you Legally IP Savvy" Quiz will be awarded a certificate of achievement recording their score on completing the Quiz which they can print out or download and submit to us (by email

info@lawanddisorder.com.au

or fax (61) 7 5438 8836) to be entered into a competition in which the top 5 scores will be awarded a free copy of Easy IP-The Movie.

Click here for more information about Easy IP - The Movie.

Click here for a short Youtube video

This competition closes on 1  December 2012.

Click here for the rules of the competition.

Room to let in offices of Brennans solicitors. Call Eleanor Ross on 5475 0285 or email : eleanor.ross@raywhite.com  Ray White Commercial at Maroochydore. Click here for further details.

Event: Terri Cooper is hosting a Sunshine Coast Business Breakfast this FRIDAY 5 October 2012.  Click here for further details. The first Law & Disorder subscriber to call or email her will get a free ticket to the event.

Disclaimer