text:
The Somerset & Dorset Railway Heritage Trust
Midsomer Norton BA3 2EY
01761 411221 (Sundays and Mondays).
How to find us and contacts
Open Sundays and Mondays. Find opening times/events here.
A short heritage railway run by volunteers in the foothills of the Mendips in North Somerset. We run trains when we are able on a short, but expanding line, currently with diesel trains. There is a gift and bookshop, museum, buffet coach, wartime pillbox museum, signalbox and much more to see. More details.
|Download our Visitor Information leaflet
If you can't get your hands on a copy of our visitor information leaflet, follow this link and download the PDF file.
Current S&D Telegraph magazine:
Issue 46, September edition of The S&D Telegraph features:
• Commemoration event for 2016 50th anniversary of the S&D closure
• Mapping the S&D: Radstock and Writhlington
• Updates on Sentinal loco restoration progress, and next track extension plans
• Memories of the S&D at Cole
• All the latest news, views, comment and project updates
Become a member and get regular copies of The S&D Telegraph and newsletters.
Take a look at videos on our YouTube channel, click on the image below to link to the featured video and our other selections.
On-loan 0-6-0 ST loco Henbury, on a passenger train approaching Midsomer Norton Station.
Paul Atterbury will be at Midsomer Norton Station at Midday on Saturday July 9th to officially launch the Station's very own steam locomotive 'Joyce' or Sentinel 7109. Paul, expert on the Antique's Road show and railway author will be launching the Sentinel at 2pm when he will join the trial steam run. Afterwards he will be happy to sign books and then he will tour the station to include the shop, museum and gardens.
Visitors will again be able to ride up the line behind the Diesel where they can see progress on the line and the wild Orchids which are now visible. Refreshments will again be available in the buffet car.
Experience the war time Home Guard checks and guarding duties for civilians at the station on the weekend of June 18th and 19th. The station will be the venue for a Midsomer Norton Home Guard re-enactment courtesy of the Wiltshire living History Group, and a sculpture exhibition for Midsomer Arts Week.
Trains will be running regularly up the restored stretch of line at £3.00 for adults, £2.00 for children and concessions, £7.00 for a family. There will be music and art, cookery and gardens, and the buffet car will be open.
08 diesel-hauled passenger trains will be running on Sunday, 1st May from 11:00am. The last train of the day will depart from Midsomer Norton station at 3:30pm.
Passenger trains will be running this Sunday, 10th April. Hauled by our resident 08 diesel, services will start at 11:00 am. The last train will depart from Midsomer Norton Station at 3:30 pm.
|Easter Egg Hunt 26/27 March
Rumour has it that the Easter Bunny will be calling at Midsomer Norton Station to hide Easter eggs for Easter weekend.There will be hunting for Easter Eggs on the 26th and 27th March from 10am till 5pm at £2.00 for each child. There will be Easter eggs for every child taking part and we think the Easter Bunny may be hiding somewhere in the train to see that all his Easter eggs are found. You can also get a ride on the restored corridor coach behind the 08 diesel at £3.00 a person. Train rides will be available on Easter Monday too.
|Railway anniversary celebrated
50 years ago, our fabulous Somerset & Dorset Joint Railway was closed. The two weekends' steam events of February 27/28 and March 5/6 commemorating this sad event saw smiles all round though, with the Jinty and Sentinel engines attracting thousands of visitors. Some 20 years after rebuilding began at Midsomer Norton, it's been an pleasure to be able to meet so many visitors and to see steam engines again running through the beautiful north Somerset countryside. Our volunteers were overwhelmed by the number of kind comments and people who have signed up to become members.
The Signal Box was formally opened by Councillor Ian Gilchrist, the Chairman of Bath & North East Somerset Council. Also visiting were Midsomer Norton Mayor, Paul Myers, and local MP, Jacob Rees-Mogg.
Reaction on social media to the return of steam-hauled passenger trains on S&D metals has also been overwhelmingly supportive. The first public steamings of Sentinel No. 7109 after 56 years have been universally appreciated, with thousands viewing and commenting on Facebook footage of Midsomer Norton's "chain powered pocket rocket".
|Current issue of The S&D Telegraph
The September issue of the S&D Telegraph, issue 46, is available now. The magazine covers plans for the commemoration of the 50th anniversary of the S&D's closure in March 2016, mapping the Radstock and Writhlington area, the low-down on progress with the Sentinel steam locomotive, and childhood memories of the S&D at Cole. Plus all the usual news including an update on the next phase of the track extension towards Chilcompton.
|See older news stories


text:
Bar R'evolution's Patrick Sterling explains how to make a classic New Orleans Sazerac cocktail.
Celebs like Nene Leakes are wearing vajayjay-hugging swimsuits that leave very little to the imagination.
Essence Live host Dana Blair visits Restaurant R'evolution in New Orleans to find out the history of the restaurant and its wine collection and to taste their BBQ shrimp dish.
From the mag
Meet five Black female rappers and singers—from Cuba to South Africa—who have the world spinning.
At just 27 years old, the Ghanaian native has delivered "Homegoing," her debut novel, and everyone from Ta-Nehisi Coates to the literati is raving about it.
We got a peek into the Disney star's world.

subset: commoncrawl


text:
Jay, Antony, 1930-
From Library of Congress Name Authority File
Jay, Antony, 1930-
Instance Of
Scheme Membership(s)
Collection Membership(s)
Additional Information
Use For
Exact Matching Concepts from Other Schemes
- found: Management and Machiavelli, 1967.
- found: Yes, minister, 1998: credits (Antony Jay)
- found: Contemporary authors on CD, Nov. 1997 (Jay, Antony (Rupert), b. Apr. 20, 1930; BBC current affairs and documentary writer, director, and producer)
Change Notes
- 1980-07-21: new
- 2013-05-22: revised
Alternate Formats


text:
Who owns your #hashtags?
Hashtags have become a powerful social media marketing weapon in the battle for consumer attention and brand engagement online. Thanks to the indexing power of the lowly hash symbol (#) on social media, it is now common for hashtags to take centre stage in the development and execution of advertising campaigns as a tool that can place a brand at the centre of customer conversations.
But while marketers and brands have been effective early adopters of hashtags, the law, as always, has been slow to adapt. In the world of intellectual property and marketing law, the hashtag phenomenon has numerous implications, raising interesting questions such as who 'owns' hashtags and how does the law help brands to protect them.
What is a hashtag?
For those who are late to the party, a hashtag is simply a keyword or phrase preceded by the hash symbol (#). Their use was popularised in social media by Twitter when the platform formally adopted hashtags as a means of indexing tweets. They are now a feature of most social media platforms, including Instagram and Facebook. Hashtags categorise messages by aggregating all posts with the same hashtag in real-time, allowing users to search and view related content, for example, to pick some of our favourite topics, #copyright or #defamation (we admit it, we are #nerds).
Hashtags are commonly used to describe or 'label' a social media post, for example, someone interested in flying might use the hashtag #pilot. Hashtags also often take on a life of their own and go beyond mere descriptors. For example, hashtags have sometimes become the de facto slogans or taglines at the centre of many online conversations and social media movements, such as the recent #destroythejoint and #illridewithyou movements in Australia, acting as a loudspeaker amplifying the conversation.
How are marketers using hashtags?
The power of hashtags as an indexing tool has not been lost on savvy brands and their marketing agencies, who have witnessed online conversations develop organically around popular hashtags, without the need for excessive media spending. Developing a 'viral' hashtag that leads to increased engagement, traffic and sales can be thought of as the holy grail of social media marketing.
Encouraging the growth of popular hashtags is also big business, with a growing number of brands and agencies partnering with increasingly powerful social media influencers – 'trend setters' with large followings on social media – who are paid to post content about the brand's products and services and get the social media conversation started. Effective hashtag campaigns can also have public relations value, with 'viral' campaigns commonly the subject of news reports in the mainstream media, expanding a brand's reach even further.
There are countless examples of where brands and other organisations have done it well. Famous recent examples include:
- #SFBatKid, where the city of San Francisco was transformed into Gotham City to grant a Make-A-Wish dream for a 5-year-old cancer patient, who became BatKid and had to save the city from villains while millions of people followed along on social media using the #SFBatKid hashtag. The #BatKid and #SFBatKid hashtags were reportedly tweeted more than 545,000 times in three days and Make-A-Wish saw an enormous boost in website traffic during the peak of the campaign.
- Calvin Klein's #MyCalvins campaign, which encouraged Instagram users to upload photos in their Calvin Klein underwear with the hashtag #MyCalvins. As part of the campaign, the brand engaged more than 100 social media influencers to contribute to the hashtag, boosting the conversation. The campaign generated over 179,000 photos and proved effective in capturing attention and encouraging online engagement.
- The Air New Zealand and Qantas #AirlineWager campaign, which saw the rival airlines agree to a 'friendly' wager over the result of the 2015 Rugby World Cup final, with the loser's staff to wear the winning team's uniform the day after the match (unfortunately for the Aussies, the #allblacks won – you can see the results here. The campaign was covered extensively in the press without the need for any media expenditure.
Social media platforms: the rules of engagement
The popularity of hashtags as a marketing tool has developed as a result of their role as an indexing system on social media. While the system itself is owned by the relevant platform, specific hashtags are generally subject to the same ownership rules as other content posted on social media.
Generally speaking, social media platforms do not claim ownership of user content, but their terms of use usually include a licence for the platform to use the content in certain, and often very broad, ways. Instagram, for example, expressly states in its Terms of Use that "Instagram does NOT claim ANY ownership rights" in content posted on Instagram, but users do grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use the content in any media formats through any media channels (other than content that is not shared publicly, which will not be distributed outside Instagram).
While the social media platforms themselves do not claim ownership over the actual wording of a particular hashtag, the person who creates the hashtag does not automatically have the exclusive right to use it. Such a claim could only be made where the relevant creator can establish a legal ownership right, such as via copyright or a trade mark law. None of the major social media platforms impose rules on the ways in which hashtags can to be used, other than limitations on some platforms on the number of hashtags that can be used in each post. Given that neither the social media platform nor the author of the hashtag may be able to claim legal ownership of the hashtag, the result is a Wild West scenario where brands can create their own hashtags, co-opt already popular hashtags or seek to undermine competitor hashtags, seemingly all within the rules of the platform.
This lack of clarity in the social media platform terms of use does not mean brands should be too gung-ho about attempting to hijack or dilute a competitor's hashtag. Risks may still arise out of this conduct, including the potential for trade mark infringement or misleading or deceptive conduct, which in turn may place the brand seeking to undermine a competitor in breach of the platform's terms of use.
On Instagram, for example, all users warrant that posting content to the platform does not violate the rights of any person, including any intellectual property rights. If a brand is able to assert a legal ownership right over a particular hashtag, such as by way of trade mark registration, it is arguable that a competitor who uses that hashtag to seek to undermine the competition may find themselves in breach of Instagram's terms of use and the subject of a complaint (not to mention possible legal action for trade mark infringement).
Similarly, as part of Instagram's Terms of Use, users agree that they must not, in using Instagram, violate any laws in their jurisdiction (including but not limited to copyright laws). In Australia, the Australian Consumer Law prohibits misleading and deceptive conduct and false or misleading representations in trade or commerce. So what happens, for example, where a brand uses a unique hashtag that is specifically associated with another brand or with a particular event, such as #stateoforigin for the State of Origin series? Is that brand falsely implying that it is associated with or sponsoring that event? What if they make numerous posts that all include the same hashtag? As always, the content of the specific post or posts will be the key to answering the question and determining whether a reasonable member of the target audience would understand that the content implied such an association. Brands engaging in such conduct therefore need to be aware that they may well find themselves on the end of a consumer law action and a complaint for breaching the relevant social media platform's governing rules.
So what about copyright?
So how can a brand establish an ownership right in a hashtag? Is it even possible?
There has been some speculation as to whether hashtags may be protected under copyright law. In Australia, copyright protection extends automatically to literary, dramatic, musical and artistic works. However, like advertising slogans (State of Victoria v Pacific Technologies (Australia) Pty Ltd (No 2) [2009] FCA 737) and headlines (Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984), in most cases hashtags are likely to be too short and insubstantial to constitute original 'literary works' and therefore are unlikely to attract copyright protection.
While the question of hashtags is yet to be directly considered by the courts, the courts have considered the question of copyright in advertising slogans. Like slogans, marketing hashtags are generally short and snappy, designed to be memorable. In Sullivan v FNH Investments Pty Ltd t/as Palm Bay Hideaway [2003] FCA 323, the court considered the advertising slogans "Somewhere in the Whitsundays" and "the Resort that Offers Precious Little", finding that the slogans did not demonstrate the requisite degree of judgement, effort and skill to be original literary works in which copyright might subsist. Similar decisions in Australia and abroad reinforce the view that copyright is unlikely to be established in hashtags in the majority of cases.
In the absence of copyright protection, the answer for brands looking to protect their hashtags is much more likely to be found in the law of trade marks.
How to trade mark a #hashtag
In the United States, it is already well established that hashtags are registrable as trade marks where they function as an identifier of the source of the applicant's goods or services. A similar conclusion is likely in Australia. In fact, a brief review of the trade marks register shows that some brands have already registered trade marks incorporating the word "hashtag", for example "Hashtag Yolo", which is registered in relation to energy control devices.
The trend of seeking trade mark protection for hashtags is likely to increase as brands settle upon and build value in hashtags as part of their overall branding.
Section 17 of the Trade Marks Act 1995 defines a trade mark as follows:
"A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person."
There is no doubt that a hashtag, being the # mark followed by a word or words, is capable of falling within this definition. The question in most cases will therefore become whether the particular hashtag is capable of distinguishing the applicant's goods or services from those of other traders.
As with any other trade mark, where a trade mark consists of the # symbol followed by descriptive or non-distinctive elements, it will likely not be registrable. For example, #SYDNEY would be rejected as Sydney is a well-known location and should be available for other traders to use to indicate the origin of their goods or services. IP Australia has indicated that other examples such as #PLAYNETBALL for sporting services or #FINDADATE for dating services would run into similar issues. Guidance from IP Australia suggests that, in most cases, the distinguishing element of the trade mark will not be the inclusion of the # symbol, but the words that follow it. Simply placing a # symbol in front of ordinary generic or descriptive words is unlikely to allow you to register them as a trade mark because other trader's will still need to use those words in the course of business.
However, in some cases it may be arguable that the hashtag itself is an essential part of the company's branding, especially where the brand has already used the hashtag to such an extent in the market that it has acquired a reputation in the hashtag, with a high degree of consumer recognition. Again, the courts are yet to consider the question directly, but a parallel can be drawn with domain name trade marks, which have been the subject of judicial consideration.
Many brands choose to trade mark their domain name where it forms an essential part of their branding. However, the top level domain (e.g. .com or .com.au) will not normally be the distinctive feature of the trade mark. The website name itself (e.g. 'Google' in google.com) must generally be capable of distinguishing the goods or services in order for a trade mark to be registered. In REA Group Ltd v Real Estate 1 Ltd [2013] FCA 5593, however, the Court found that top level domains could be essential elements of a brand. In that case, the Court held that Real Estate 1 had infringed realestate.com.au's registered composite "realestate.com.au" trade mark on the basis of evidence of widespread consumer recognition of the mark. This evidence supported the proposition that the essential or distinguishing feature of the "realestate.com.au" logo was the domain name in its entirety, rather than simply the words "realestate". The inclusion of .com.au as part of that essential feature was necessary because "realestate" on its own would not be sufficiently distinctive to establish brand identity, being a term commonly required in the industry. The Court found that the use of "realestate1.com.au" as part of an internet address on a search results page was deceptively similar to the registered "realestate.com.au" trade marks and therefore infringed those trade marks. A similar conclusion may be reached in respect of hashtags, where the hashtag itself becomes an essential feature of the brand recognised in the market, however, this remains to be seen.
Infringing a protected #hashtag
Of course, registering a hashtag trade mark does not necessarily mean that brands will be able to prevent anyone from using their trade mark on social media. To establish infringement, brands would need to show that the competitor had used as a trade mark a substantially identical or deceptively similar sign in relation to the same or closely related goods or services or in relation to unrelated goods or services where the registered trade mark is well known.
One of the key issues likely to arise is whether using a hashtag on social media is use as a trade mark, as a badge of origin to distinguish the brand's goods or services.
Imagine that a brand had registered as a trade mark a popular hashtag such as #lol in relation to certain goods, say clothing. If another clothing brand were to post on their Twitter account a humorous tweet of a celebrity's wardrobe malfunction with the #lol included, would that constitute an infringement? In many cases, the answer is likely to be no, because the alleged 'infringing' use would merely be use of the hashtag in its ordinary sense, in this case to indicate that the subject matter of the tweet is funny, rather than as a badge of origin (i.e. use as a trade mark). As with potential claims for misleading and deceptive conduct, the answer will usually lie in the content and context of each post.
The courts have considered a similar issue in the context of search engine results and advertising keywords. In Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75, the court considered whether a composite trade mark featuring the words "LIFT SHOP" was infringed by use of the same words in the title of a webpage, as shown by search results. Lift Shop – the owner of the trade mark – alleged that using the keywords in this way amounted to trade mark infringement. But the court decided that use of the words as keywords "lift shop" was descriptive for the purpose of taking advantage of the operation of search engines, the words being descriptive in the business of selling lifts. Similar conclusions may be reached where brands seek to enforce trade marks over descriptive hashtags. Other brands using the hashtag descriptively for the purposes of taking advantage of a social media platform's indexing system would be unlikely to constitute use "as a trade mark". On the other hand, use of a highly distinctive hashtag trade mark may still raise questions of infringement.
Protect your #brand
The law is still catching up with the hashtag phenomenon and it is clear that achieving legal protection for the use of hashtags on social media may require a creative approach.
The primary function of hashtags is to act as an indexing system on social media, which means that, at present, there is no way for brands to filter 'approved' brand content (e.g. authorised KFC content featuring the #KFC) from the thousands of unauthorised posts that may include the same hashtag. However, as hashtags become more important in the development and execution of advertising campaigns, more brands are expected to consider their options when it comes to protecting and using these potentially valuable assets. Especially where brands develop a distinctive hashtag to be used as a badge of origin, an application to register the hashtag as a trade mark should be considered.
At the same time, brands and their agencies using social media need to carefully consider whether or not they might be infringing someone else's intellectual property, or running the risk of consumer law infringement or breaching social media platform terms of use, when they create new hashtags and use existing ones, especially when referring to another brand's assets or where there is potential for consumers to be misled. In any event, the growing importance of hashtags in social media marketing is likely to lead to some interesting battles over the use of these key brand assets (#itson!).
Brand protection – it's not child's play
Two children's toy manufacturers have gone head to head in a trade mark dispute heard before the Federal Court of Australia.
The dispute arose when Australian company Playgro alleged its PLAYGRO trade marks were infringed contrary to s 120(1) of the Trade Mark Act 1995 (Cth) by Playgo Art & Craft Manufactory and Playgo Toy Enterprises, both incorporated in Hong Kong.
During 2013 and 2014, Playgo sold and delivered in China toys bearing its PLAYGO Device Mark to Myer and to a subsidiary of Woolworths, for sale to customers in Australia. The toys were then sold to Australian consumers at Myer, Woolworths and Big W stores.
The key issues in the case turned upon two main questions:
- Was the PLAYGO Device Mark substantially identical with or deceptively similar to Playgro's registered trade marks?
- Did the Playgo companies 'use' as a trade mark in Australia the Playgo Device Mark, when the toys were in fact sold by the various retailers?
One of the PLAYGRO trade marks and PLAYGO Device Mark are reproduced below:
The court ultimately found that the PLAYGO was not 'substantially identical' to Playgro's trade marks, but it was 'deceptively similar'. Playgo also 'used' as a trade mark the PLAYGO Device Mark in relation to toys in Australia and therefore infringed the Playgro trade marks.
Substantially identical or deceptively similar
To determine whether the PLAYGRO and PLAYGO trade marks were substantially identical, the Court examined the marks side-by-side, noting their similarities and differences. The Court ultimately found that the marks could not be substantially identical because the PLAYGO device mark, with its white lettering on a red background and the words PLAY and GO on separate lines, had a distinct appearance from the PLAYGRO mark.
When considering deceptive similarity, however, the Court does not carry out a side-by-side comparison, but rather compares the trade marks from the perspective of the ordinary person's imperfect recollection of an applicant's mark and their impression of a respondent's mark. The Court found that the marks were deceptively similar because the first syllable 'Play' in each mark was identical, the last syllable was almost identical and was visually and phonetically very similar (i.e. 'GRO' and 'GO), varying only through the presence of the letter 'R', and, when considered as a whole, the marks looked and sounded very similar. On this basis, the Court considered it was likely that there was a real danger of confusion arising from the imperfect recollections of an ordinary person, particularly the imperfect recollections of consumers who only occasionally purchase children's toys. Such consumers might very well be caused to wonder whether the two products in fact come from the same source. Playgro was thus successful on the ground of deceptive similarity.
Use as a trade mark in Australia
The issue of whether the PLAYGO Device Mark was used as a trade mark in Australia arose in circumstances where Playgo actually sold and delivered the toys bearing the mark to Myer and Woolworths in China, but knowing that they were ultimately for sale to customers in Australia. Notwithstanding that Playgo sold the products in China, the Court found that Playgo had used the PLAYGO Device Mark in Australia because it was used as a 'badge of origin' to indicate a connection in the course of trade between the goods and Playgo. Playgo did not cease to use the PLAYGO Device Mark upon delivery of the goods to Myer and Woolworths in China; rather, the mark was being used by Playgo so long as the goods were in the course of trade and it was indicative that they were the Playgo's products. The goods remained 'in the course of trade' until their ultimate sale to customers in Australia by the various retailers and, as such, infringement was established.
The rematch
This month, the Court made further orders in the dispute because the parties were unable to agree on orders to give effect to the Court's first judgment. One of the key bones of contention in these new proceedings was whether the declaration of infringement should extend to the use of the word 'Playgo' in addition to the PLAYGO Device Mark.
In this case, Playgo argued that using the word 'Playgo' in the fine print on their packaging was not 'use as a trade mark', but merely use as a legend to refer to the Playgo Device Mark. The Court was not moved by this argument and found that the use of the word 'Playgo', even only in the fine print on product packaging, was 'use as a trade mark' because it would have appeared to consumers to indicate a connection in the course of trade between Playgo and the products. This view was supported by the fact that Playgo had used the word 'Playgo' immediately followed by the letters 'TM' and the words "is a trade mark of, which were strong indicators the word was being used as a trade mark.
Having established that the use of the word was 'use as a trade mark', the Court considered whether the word 'Playgo' was deceptively similar to 'Playgro'. For the same reasons given in the first case, the Court found that the words were deceptively similar and therefore made a declaration of infringement in relation to the word in addition to the Playgo Device Mark.
Lessons for brands & their agencies
In a crowded market such as children's toys, it is not surprising that conflict arises as companies try to protect their valuable brand assets and intellectual property. This dispute is another reminder to brands and their agencies that a trade mark does not have to be strictly identical to an existing trade mark in order to be found to infringe that trade mark. It is therefore essential that brands and their agencies carry out proper checks and due diligence for potentially infringing trade marks before launching their products in Australia. This due diligence should include exhaustive searches for existing trade marks along with reputational searches for any common law trade marks, to determine whether or not there are likely to be any barriers to the registration or use of your proposed trade mark in Australia.
For assistance with trade mark and brand protection matters, contact us on (02) 8221 0933.
UPDATE: Copyright dispute between Seven and Nine reaches mutually-agreed settlement
In a blog post last year we discussed The Seven Network's (Seven) failed attempt to obtain an interlocutory injunction against The Nine Network (Nine), alleging that The Hotplate infringed Seven's copyright in My Kitchen Rules. The crux of the dispute was the similarity in format, with Seven arguing that it owned the copyright separately in both the original format and production elements of My Kitchen Rules, as well as in the physical production "bibles" and related documents.
Now, Seven and Nine have reportedly reached a mutually-agreed settlement. Nine has agreed to not produce any further series of the program, nor to ever broadcast or redistribute its first series; and both sides will pay their own legal costs. Whilst both parties purport to be pleased with this outcome, the result appears to be more favourable for Seven.
It is notoriously difficult to establish copyright infringement in Australia when it comes to TV formats and the mere fact that two programs have the same premise, or similar features, is unlikely to be sufficient to demonstrate infringement. The Courts have considered the question on several occasions, including in Green v Broadcasting Corporation of New Zealand [1989] All ER 1056 and Nine Film & Television Pty Ltd v Ninox Television Ltd [2005] FCA 1404. For more information and practical tips on protecting formats, see our original post.
Metawhat? The new Data Retention Regime
On Tuesday 13 October 2015, the amendments to the Telecommunications (Interception and Access) Act 1979 came into effect. The amendments are more commonly known as the "Data Retention Regime" and were passed as a security measure to aid in the investigation of terrorism and serious crimes.
How does it affect your business?
The Data Retention Regime applies to telecommunications companies (telcos) and certain internet service providers (ISPs). Telcos and ISPs are required to store a range of metadata for up to two years. The metadata that is required to be stored includes data associated with communications via email, mobile phones and landlines. Web browsing history is specifically excluded from the regime and data associated with third-party services (e.g. Facebook, Skype and WhatsApp) are also excluded.
Unless you are a telco or ISP, you are not under any data retention obligations as a result of the Data Retention Regime. Agencies in the communications space do not have any new obligations as a result of the introduction of the Data Retention Regime. However, if you are a telco or ISP, we recommend that you seek legal advice in determining the extent to which you have data retention obligations under the regime and the most effective way to comply with the amendments to the law.
The metadata collected by telcos and ISPs will include metadata contained in business communications. But what exactly is metadata? There is currently no definition provided in the Telecommunications (Interception and Access) Act 1979 and it is difficult to provide a definition that covers all types of metadata. It can be described as a set of data that is created when electronic communications and other activities over the internet and phone lines are conducted. It is a set of data that creates a map or a log of activity rather than data that provides detail of the contents of communications.
The metadata required to be retained by telcos and ISPs under the Data Retention Regime is grouped into six categories of information:
- type of communication;
- identity of the customer involved in a communications service;
- source of the communication;
- destination of the communication;
- date, time and duration of the communication; and
- location of the equipment used in the communication
The metadata to be retained will be protected as personal information under the Privacy Act 1988 and the Australian Privacy Principles (APPs) if the organisation has the capacity and resources to link that information to an individual/identify an individual.
Reminder: obligations under the Privacy Act 1988
Although your business may not be under any requirement to retain data as a result of the Data Retention Regime, this is an opportune time for a refresher on business obligations in regards to storage and security under the Australian Privacy Principles (APPs).
The APPs do not provide any time limits on the length of time personal information should be retained for. However, APP 11 –security of personal information, places an obligation on an APP entity to take reasonable steps to destroy or de-identify personal information that is no longer required. Exceptions to this destroy or de-identify obligation include personal information contained within a Commonwealth record and compliance with a court/tribunal order. APP 11 also places an obligation on APP entities to take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access and unauthorised disclosure.
What steps are considered to be reasonable will depend on the circumstances which may include the entity's size, resources, the sensitivity of the personal information, possible consequences of a breach and practicality. The Office of the Australian Information Commissioner (OAIC) has placed a large focus on governance, culture and staff training and it is important that a good compliance program is in place within your organisation.
There is currently no mandatory reporting for data breaches under the Privacy Act 1988 however the Federal Government has indicated that they plan to introduce a mandatory data breach notification scheme in the near future. In the meantime, the OAIC has provided a breach notification guide which is useful in shaping your corporate policies and compliance framework.
If you have questions about how privacy or data retention affect your business, please do not hesitate to get in touch on (02) 8221 0933.
It's a food fight! Nine roasts Seven in copyright battle
There is nothing new about television executives complaining that rival network has ripped-off one of their shows. But getting a court to agree is another story altogether, as Channel 7 recently found out!
In a high 'steaks' legal stoush, Channel Seven tried to have Channel Nine's new cooking show The Hotplate taken off the air on the basis that the show infringed Seven's copyright in My Kitchen Rules. But the Court judged Seven's arguments to be underdone, again highlighting the difficulties that networks and producers face when trying to protect the 'format' of a television show.
With Season 1 of The Hotplate now wrapped up, we look back at the court's reasoning in the dispute between Seven and Nine.
Copyright in television formats
So what are formats and why are they so hard to protect?
A format is essentially the underlying idea and branding that makes up a television show. For networks, formats are also big business. Securing the rights to an exciting format can be the key to ratings success and the advertising dollars and licensing revenue that follows. So it is little wonder that TV execs opt for lawyers at 20 paces when someone starts muscling in on their ratings turf!
But formats can be notoriously difficult to protect through copyright arguments, and the reason boils down to one of the fundamental principles of copyright law, namely that copyright protects only the expression of "ideas" in a material form, rather than the ideas themselves. In the absence of a specific "format" right at law (which does not exist!), the mere fact that two programs have the same premise or features is unlikely to be sufficient to demonstrate copyright infringement.
The Hotplate v MKR cook-off (Seven Network (Operations) Limited v Endemol Australia Pty Limited [2015] FCA 800), is not the first time the question of copyright in TV formats has been considered by the courts. In fact, in 2005 Nine was accused of ripping off another program. In Nine Film & Television Pty Ltd v Ninox Television Ltd [2005] FCA 1404, the makers of television show Dream Home alleged that Nine had infringed its copyright by creating The Block. The court held that the broad similarities were not sufficient to constitute copyright infringement, and since then The Block has gone on to become a ratings winner for Nine. However, it was a different story in Zeccola v Universal City Studios Inc (1982) 46 ALR 189, where the court held that the makers of a killer shark movie, The Great White, infringed the copyright of Jaws, in the film, screenplay and book. The judge held that the film substantially reproduced several situations and characters from Jaws.
Out of the frying pan, and into the courtroom
Of course, as Hotplate and MKR are both so-called 'reality' TV shows, Seven was not able to point to a script or screenplay that was clearly copied. Instead, Seven claimed that it owned the copyright in:
- various literary works associated with My Kitchen Rules, including the format pitch, format presentation and production bible; and
- various dramatic works consisting of the combination and series of incidents, plot, images and sound reduced to a material form in certain episodes and series of My Kitchen Rules.
At this interlocutory stage, Seven wanted the court to grant an injunction preventing Nine from broadcasting The Hotplate until the matter had been decided.
When deciding whether or not to grant the injunction, the court must undertake two enquiries. Firstly, it needs to consider the strength of the applicant's claim (i.e. is there a sufficient likelihood of success at the hearing). Secondly, it must consider the 'balance of convenience', which involves an assessment of the risk of doing an injustice by either granting or withholding the relief sought.
Seven argued that The Hotplate was a clear rip-off, pointing to similarities like the fact that both were cooking competitions amongst pairs of contestants, there are two 'expert judges', the teams take turns to cook in 'Instant Restaurants' in their homes, etc.
Nine, of course, highlighted the differences between the shows, including the fact that The Hotplate was based on professional restauranteurs, whereas MKR involved amateur cooks. Nine also argued that many of the key elements of MKR's format were themselves unoriginal and had been used in other food reality programs such as Masterchef and non-food reality programs such as The Block.
Nicolas J noted that to reproduce in a material form elements of a dramatic work which themselves are unoriginal will not normally constitute an infringement of copyright because what has been taken will not be a 'substantial part' of the copyright work. However, he also said that, as with a compilation, a dramatic work which consists of a combination of stock elements "brought together by the exercise of skill, judgment or labour may constitute an original dramatic work even through some, or perhaps even most, of the elements would themselves individually be unprotectable due to lack or originality". Where some elements are taken, or they are combined with different elements, the question of whether the original dramatic work was infringed becomes very difficult to answer.
Ultimately, Nicholas J found that, despite the differences between the programs, the format seemed to be "very similar". The court was satisfied that Seven had a reasonably arguable case that the formats were similar and that the close similarity was the result of copying. However, whether a 'substantial part' was reproduced in the relevant episode of The Hotplate will depend on the quality of the elements allegedly taken. While the case was reasonably arguable, Nicholas J did not accept that Seven had a 'strong prima facie case'.
On the question of the balance of convenience, the Court considered Seven's arguments that allowing the program to continue on air would interfere with its commercial relationships and diminish the strength and value of these arrangements and the MKR brand. However, the Court found this was unlikely, noting that Seven would have the opportunity to vindicate its rights fully at an early final hearing. Seven also suggested that Nine could recommence broadcasting at a later date if a permanent injunction was not granted, but the Court found that this would likely not be as simple as suggested.
Nine, on the other hand, argued that Hotplate was a key piece of programming to be broadcast in prime time with a view to obtaining good ratings for the show itself and other programs. The court found that the balance of convenience fell in Nine's favour, and refused to grant the injunction.
Lessons for producers and networks
Protecting copyright in formats can be difficult, especially for unscripted and 'reality' style shows.
Practical tips include making sure you have proper confidentiality agreements in place before pitching new formats or shows, ensuring that pitch and concept materials are as detailed as possible (and therefore attract copyright protection!) and registering slogans and brand names as trade marks.
Graffiti and copyright
You may remember Katy Perry wearing a Moschino-designed 'graffiti' dress at the Met Gala earlier this year?
Or maybe you remember Gigi Hadid wearing it at the 2015 Moschino runway show?
Last month, an American street artist known as 'Rime' (aka Joseph Tierney) filed a copyright infringement claim in a federal Californian court against both Moschino and designer of the dress Jeremy Scott. Tierney believes that the printed design on the dress is taken from his mural in Detroit entitled 'Vandal Eyes.'
The basis for Tierney's claim is that Moschino and Scott used his artwork without obtaining a license from him and without properly crediting him, particularly because of the high publicity the Met Gala and the Moschino runway show would have received. Tierney has been approached previously to have his work used under a licence by Disney, but has declined on numerous occasions. This would suggest that he doesn't want to commercialise his IP, particularly with big corporations.
Whilst it must be noted that this lawsuit is presently occurring in America, Australia has specific laws regarding copyright in street art and graffiti. In Australia, it is generally held that if you are the artist who has created a work of street art, you are the copyright owner of the artwork in question. Artistic works are protected under Copyright Act 1968 (Cth) ('The Act'), so long as it is expressed in material form. Section 10 of The Act classifies 'material form' as 'any form (whether visible or not) of storage of the work or adaptation, or a substantial part of the work or adaptation. 'Material form' does extend to murals, graffiti, posters and tag, even though graffiti as an art form is generally transient in nature.
It is important to remember that if you take a photo of a graffiti artwork and use or modify commercially, you may be infringing the copyright and the moral rights of the graffiti artist. In these circumstances, licenses of the copyright in the image, as well as moral rights consents should be obtained. Additionally, street artists may also have a claim to moral rights over their work, specifically the right of attribution, that is, to have their name referenced anytime a substantial amount of their work is reproduced.
Celebrity endorsements can leave brands seeing stars
Celebrity endorsements can be a powerful tool to strengthen a brand's reputation and recognition with consumers. However, trying to steal or borrow a celebrity's limelight without permission can be a costly mistake, as an aged-care company that used Ita Buttrose's image recently discovered.
The media doyenne and former Australian of the Year last year sued The Senior's Choice and its director Andrew Philpot, arguing that they illegally used her image and content from an ABC interview on their website and SEEK page to promote their business. Ms Buttrose, the National President of Alzheimer's Australia, claimed that she suffered loss "to her very substantial and reputable" public standing after The Senior's Choice failed to pay her $75,000 endorsement fee.
In the Federal Circuit Court, Judge Jones found that Senior's Choice had no prospect of defending their claim and that the conduct constituted misleading and deceptive conduct under s.18(1) and s.29(1) of the Australian Consumer Law, as well as copyright infringement and passing off. Senior's Choice was required to pay Ms Buttrose's legal fees, which were rather extensive (Buttrose & Anor v The Senior's Choice (Australia) Pty Ltd & Anor [2013] FCCA 2050).
Philpot said that The Senior's Choice had been "steamrolled" by the decision, and suffered a significant financial loss from a mistake they claim was unintentional. The decision stands as a strong warning about the risks of linking brands to celebrities without their permission.
Other celebrity cases:
There are many examples of brands or companies getting into trouble for claiming that they have an affiliation with a particular celebrity or using images of celebrities without permission.
Famous legal examples include Hogan v Koala Dundee Pty Ltd (1988) 83 ALR 187, which involved a company registered as 'Koala Dundee Pty Ltd,' deriving their name from the hugely popular film 'Crocodile Dundee'. The company used the name 'Dundee' and an image of a koala wearing a bush hat and sleeveless vest, and holding a knife similar to Paul Hogan's character in the famous films. The judge held the range of merchandise was "strongly reminiscent of Hogan's role in the film" and that Koala Dundee passed it off as being in connection with Crocodile Dundee when no such association existed. The company was ordered to cease using the name immediately.
Another well-known example involved the prominent rugby player Andrew Ettinghausen, who brought a defamation action against Australian Consolidated Press (ACP) for publishing explicit nude photos of him without permission. ACP-owned magazine GQ obtained images of Ettinghausen showering the dressing rooms, taken by a cameraman with backstage access, which showed Ettinghausen's genitalia. Without his knowledge or approval, GQ published the photos, alongside text which implied that the publisher had obtained permission to take the photographs of his genitalia for the purpose of widespread distribution. A jury found ACP guilty of defamation and Mr Ettinghausen was awarded $250,000 in damages. (Ettingshausen v Australian Consolidated Press Limited [1995] NSWSC 176 (28 December 1995).
Earlier this year actress Katherine Heigl sued a New York pharmacy chain who retweeted a photo of her carrying shopping bags with the pharmacy's logo on them. Duane Reade's tweet read: "Love a quick #DuaneReade run? Even @KatieHeigl can't resist shopping #NYC's favourite drugstore" with the paparazzi's image attached. Ms Heigl sought $6 million in compensatory and punitive damages for the use of her image in an advertisement without her permission. In August the two parties came to a mutual, confidential agreement which reportedly required Duane Reade to donate to a charity founded by Ms Heigl.
Lessons for advertisers
Star power can put your brand firmly in the spotlight, but as the above examples (and many others!) demonstrate, brands that use celebrities or their images without permission expose themselves to a wide variety of legal risks.
In particular, brands should be aware of the risk of misleading and deceptive conduct and the tort of passing off. While for the majority of people the simple use of their image in connection with a brand or product is unlikely to be misleading or deceptive, where the person is a celebrity or a well-known endorser of products, falsely suggesting that they have endorsed a brand or product or that there is a connection that does not actually exist has the potential to land advertisers in hot water.
Brands should also be aware of the copyright issues that may arise if an image of a celebrity is used without the permission of the copyright owner, while actions for defamation may be available to celebrities if a brand's use of their image or likeness exposes them to hatred, contempt or ridicule, causes them to be shunned or lowers the public's opinion of them.
Using celebrities in advertising can be a legal minefield, so if in doubt make sure you get the proper legal advice so you can keep the spotlight on your brand for the right reasons.
Making a monkey out of copyright law
A 'selfie' snapped by a mischievous macaque who stole a photographer's camera has demonstrated once again that there is no monkeying around when it comes to copyright law.
Wildlife photographer David Slater was understandably miffed when Wikipedia denied his request to take down the photograph – which has since gone viral – on the grounds that the photo was not subject to copyright as US copyright law does not extend to animals.
So who exactly does own the copyright in selfies? Monkey business aside (monkeys can't own copyright in Australia), a brief analysis of Australian copyright law can lead us to the answer without going bananas.
It is not unusual for marketers and advertisers to attempt to capitalise on our love of selfies (and our love of memes) to push their products or services, like asking people to snap and upload a selfie in order to enter a competition or promotion. Utilising this social trend can be a powerful marketing tool.
In Australia, photographs are protected by copyright from the moment the shutter falls. Section 10 of the Copyright Act 1968 (Cth) defines the 'author' of a photograph as the person who took the photograph. This means the photographer owns the copyright – even if they don't own the camera. So to all those people who lent their iPhones to Kevin Rudd for a selfie during the last election campaign, sorry, but there's an argument that he owns them!
Of course, like any good legal principle, there are exceptions. Where the photograph is taken in the course of the author's employment, for example, the employer owns the copyright. A slightly different rule applies to newspaper and magazine photographers, who own the rights in their photographs for the purpose of including them in a book or for photocopying, while all other rights are owned by their employer.
Section 35(5) of the Act also contains exceptions for commissioned photographs taken for private or domestic purposes, such as wedding or family photos. In these circumstances, the person who commissions the work is the owner. But does this mean that if you 'commission' a friend to take a selfie that the picture belongs to you? The answer, unfortunately, is no. The Act also requires "valuable consideration" in order for this exception to apply. So unless you're paying them, your friend probably owns the pic.
Of course, where someone lends their phone to another person for the purpose of taking a 'selfie' (noting, of course, that a 'selfie' by definition is a photo taken by yourself), it could also be argued that there is an implied licence for the owner of the phone to use the photograph for whatever purpose they want, including capitalising on the image commercially using a sub-licence. But in the absence of a written agreement (and let's face it, there is almost never going to be one), the validity of such an argument would ultimately be a matter for the courts to decide.
Identifying the owner of a photograph is important because of the exclusive rights that copyright confers, including the right to reproduce, publish and communicate the image to the public (such as placing it on a website). Marketers who want to publish or share selfies therefore need to ensure that they have the rights to do so, such as by including an assignment of rights in their competition terms and conditions.
Other issues to bear in mind when thinking about selfies include moral rights, which are separate to copyright and can only be held by the creator of a work. Moral rights include the right of attribution of authorship, the right not to have authorship falsely attributed, and the right to of integrity of authorship (which protects the creators from having their work subjected to derogatory treatment).
Case Study
Three teenagers head across town in the hope of spotting their favourite celebrity. And there he is, sitting on a bench alongside ANOTHER famous face! The teenagers, of course, start snapping selfies and sharing them on social media. The best picture goes viral, bringing fame to one of the teens. The question is who owns the 'selfie'?
Most people will recognise this scenario as that involving three US teenagers who snapped a photo featuring ex-Beatle Paul McCartney and billionaire Warren Buffett. The shot was featured in news publications internationally, rocketing one of the group to fame. Under Australian copyright law, if the now-famous teen had taken the 'selfie' himself, he would be the owner. However, as one of his friends actually took the photo in question, the copyright would vest in the friend even though it wasn't his camera.
Key points for Brands & Advertisers
It is important to recognise that content that is freely viewed does not correspond to content that can be freely used. As such, brands and advertisers should seek to obtain the necessary consents from copyright owners to allow them to use selfies or other images in the way they want, such as in marketing materials or by editing or changing them. If you run a promotion and collect contestants' images, be sure to include permission to use the image in your terms and conditions if you wish to use those images for your firm's marketing. Whilst finding the original creator of works may present a challenge, it is the best way to avoid future liability issues. When the images are 'orphan works' (i.e. you cannot find the creator of the image), it is important to manage your copyright risks and perhaps seek legal advice.
Trademarking the Rainbow
From Cadbury's purple to Tiffany & Co's robin egg blue, distinctive colours have become synonymous with the brands they represent. Branding – in particular colour – is a powerful form of consumer recognition and brand distinction. Thus, the legal protection of colours has on a number of occasions become a hot-headed issue as companies aggressively try to protect their brand identity from competitors. The issue of whether you can trademark a colour arose again recently when British Petroleum (BP) tried to trademark a shade of green.
When can you trade mark a colour?
Trademarking of colours has traditionally been a shady area, with resistance from authorities to recognise them as the legal property of a brand. To use a colour as a trade mark, the colour must be specifically identifiable with a company's goods or services and distinguishable from others. Just as authorities won't grant a monopoly on words or expressions which are likely to be needed to describe goods and services, they are unwilling to do the same for colours. IP Australia, the body who regulate trademarks, has stated that a single colour "will generally be regarded as being devoid of inherent adaption to distinguish." Thus, it requires continual use (as a trademark), colour recognition by consumers, and distinct parameters of use for colour trademarks to be granted. We've outlined some examples of where the trademark of colours has been successful, and where it has failed.
BP Green with Envy:
IP Australia rejected BP's application in July this year to trademark a shade of green known as Pantone shade 348C. BP faced resistance from Woolworths who hold a trademark for a similar colour for their well-known apple-shaped logo. IP Australia said that if the colour was used alone it would fail to be distinguishable and was not indelibly linked in the average petrol consumer's mind to BP. Just think, would you recognise BP's shade of green if it wasn't accompanied by their brand name or logo? The finding concludes 12 years since BP original filed for the colour trademark in Australia. However, BP has successfully obtained colour trademarks for the same shade of green in the United Kingdom and Europe.
Other Trademarked colours:
In Australia and abroad, there have been companies which have successfully trademarked their colours. Here are a few examples:
Fada bananas, the supplier of ecologically-grown bananas, successfully trademarked their distinctive red wax tip. The ecologically grown bananas were held to be recognisable to consumers and easily distinguished from traditional bananas. Whilst this isn't an example of colour per se, it reflects how the distinct use of colour can be trademarked.
Louboutin successfully trademarked their famous red soled high heels in the USA after a long uphill battle with reluctant courts. The exception to the trademark is for other shoes which are monochromatically red and wish to include a red sole.
Cadbury successfully trademarked their distinct purple shade, Pantone 2685C, in the UK in 2012. The British colour trademark emerged as Cadbury were embroiled in an Australian litigation against competitor Darrell Lea. The five year litigation ended in 2008 when the Federal Court held that Darrell Lea had not breached the Trade Practices Act or engaged in misleading or deceptive conduct by using purple. The Court noted that a "cause to wonder" is not adequate to amount to misleading or deceptive conduct, and the name Darrell Lea on a purple chocolate wrapper could not confuse a consumer to thinking it was a Cadbury product. The colour purple was never used in isolation without some branding or script, allowing other competitors, such as Darrell Lea and Nestlé for Violet Crumble bars, to use other shades of purple. In Australia, Cadbury was not able to trademark the colour purple in general, however it was able to protect the specific shade it has used on its packaging since 1914.
Telstra was unable to trademark the word "YELLOW" for their online telephone directories, as competitors or other traders would use the word honestly and commonly for similar phone directory products. The Federal Court of Australia emphasised that they would not grant monopolies lightly, and in the circumstances of Telstra it was not appropriate.
Caterpillar Inc, known for their tractors and other agricultural equipment, were able to trademark "Caterpillar yellow." The difference here was the distinct colour not closely associated with the agricultural machine industry, and the bright yellow shade was accompanied with the brand name Caterpillar. Of course, the trademark only limits other machinery companies from using the same or a similar shade, not an overall ban on the use of yellow.
Other trademarked colours include Barbie pink, UPS brown and Tiffany blue. The trademarking of colours limits the protection to competitors in the same industry and therefore the companies discussed do not hold the boundless exclusive rights to the use of the colour. An application to legally trademark a colour will be an uphill battle for any brand with high evidentiary burdens and an overall reluctance to monopolise the use of colours. It's important to remember that each case will turn on its own facts and factors such as the combination of distinct colours will more likely be successful. Therefore it is always favourable to take a vigilant approach when branding or rebranding as competitors will seek to protect their brand identity. Choose colours which are not closely associated with competitors or with the product itself, or use a distinct combination of colours. The failure to think about competitors and trademarks may result in expensive and time-consuming litigation, regardless of whom the Court holds as the winner.
For any questions you may have in relation to brands and trade marks, please feel free to give our team a call: 02 8221 0933.
140 defamatory characters posted in the Twitter-sphere could cost tens of thousands of dollars in damages, the New South Wales District Court has held. The case reignites the complexities of defamation law in a world where everyone is a publisher and information is disseminated across the globe at the click of a button.
In the recently handed down court decision of Mickle v Farley, 20 year old Andrew Farley was sued by Ms Christine Mickle, a highly-regarded music teacher who taught at the same school. Mr Farley believed Ms Mickle was responsible for his father (the previous head teacher of music) leaving the school, and posted multiple allegations on both Twitter and Facebook. The comments were false, as his father had left the school in 2008 "in order to attend to personal issues." The suggestion that she was responsible for the harm or ill-health of the father caused distress to Ms Mickle, who subsequently took a year of sick leave.
The case itself is unremarkable in regards to the current state of defamation law in Australia except that it's the first Twitter judgement. Judge Elkaim awarded $85,000 in compensatory damages. He commented:
"when defamatory publications are made on social media it is common knowledge that they spread. They are spread easily by the simple manipulation of mobile phones and computers. Their evil lies in the grapevine effect that stems from the use of this type of communication."
Judge Elkaim additionally awarded $20,000 for aggravated damages for Mr Farley's uncooperative behaviour. The case shows the accountability of social media users for their actions, even when Mr Farley only had a mere 60 Twitter followers and 50 Facebook friends.
The Social Media Legal Landscape in Australia:
Whilst Andrew Farley's case was the first Twitter judgement in Australia, it's not the first to hit the courts. In 2012 music reviewer Joshua Meggitt sued Marieke Hardy and Twitter, but settled out of court. This otherwise unremarkable case demonstrated the law responding to technological change.
Companies too must, of course, be careful as there is a history of liability for the failure to remove posts on their Facebook pages written by others. This is important, as the control and responsibility of the page rests on the company – even for content which it did not produce. Even Google couldn't escape publisher liability when the search engine failed to remove defamatory search results after several requests from a Mr Trkulja, who was defamed and Google found to be liable in late 2012.
Defamation Law in Australia and Beyond:
As defamation law us is usually more concerned about where content is downloaded, rather than uploaded, the internet has made the law more complex. As content can be viewed or downloaded anywhere, amateur and professional writers can now be exposed to defamation laws across the globe. In Australia, a person can sue for defamation in the state or territory where his reputation is established, even when the content was published overseas. This pick-and-choose system provides advantages for people who believe they've been defamed. By bringing an action in countries with stricter freedom of speech laws increase the chances the material will be held defamatory, whilst it's lower in countries which strongly promote free speech. In reality, most potentially defamatory comments never eventuate into law suits because of the cost and time to do so, and many won't be across multiple jurisdictions.
Looking Forward:
Defamation has always been a topical issue, but as the law and evolves to meeting the challenges of the social media age, it has become more relevant to everyday people. There is a misconception that social media is treated differently from traditional forms of media. In reality, this isn't entirely true, and whilst people may let their guard down with what they say on their Facebook page, it can have unintended ramifications. Judge Elkaim's words should be a warning to those with a propensity for hot-headed tweeting, or perhaps even a careless fib. For the young Andrew Farley, he found himself owing more than $100,000 plus significant legal costs in circumstances where he was unlikely to have considered this a likely outcome at the time of his tweeting.
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Meeting the challenge of change around the Mediterranean
By Adrian Long, 14 Feb 2014
- 10 stunning portraits of Argentinian birds [PHOTOS]
- The early days of Aves Argentinas
- 100 years of Aves Argentinas
- Cory's shearwater nest: livestream from the Berlengas archipelago
- Pelican hotline
- BirdLife cries the loss of conservation giant Luc Hoffmann
- Winning hearts and minds in Cape Verde
- Traditional wisdom and conservation science in Lake Victoria
- School's out(side) for Spring!
- Shea butter nourishes more than dry skin
A celebration of biodiversity hotspots, the "34 wonders of the world", with an exhibition of posters lining the railings of Parisian streets, provided an exciting backdrop to a meeting for the Critical Ecosystem Partnership Fund's (CEPF) investment in the Mediterranean Basin Biodiversity Hotspot.
The CEPF Regional Implementation Team (RIT), which is provided by the BirdLife Partnership, had its own cause for celebration. Eighteen months into CEPF's five-year investment in the Mediterranean Hotspot, a total of $6.7 million has been allocated to 57 large and small grant projects in all 12 eligible countries.
Altogether, CEPF will invest $10 million in the Mediterranean Hotspot. To make sure that the remaining money is spent in the right way, the RIT has established a Hotspot Advisory Committee.
"The committee will look at the Ecosystem Profile as a whole, and test our assumptions about where the gaps are, and the action points and key areas to focus on", said Liz Smith. "We will go to them for advice about what to include in our next calls for proposals."
The Ecosystem Profile on which the investment in the Mediterranean Hotspot is based is now more than two years old, and there have been many political and other changes since it was compiled. The committee members, some of whom worked on the Profile, will be able to contribute the changes in their own countries, while keeping their knowledge of the region as a whole up to date.
The committee's eleven members come from a mixture of large international and smaller local organisations, combining global oversight and on-the-ground experience which, in the case of one member, includes more than 30 years working with community-based conservation organisations.
"Many of the committee members represent organisations which have been working in the Mediterranean for decades. But because the region is so large, some of them had never met before we established the Hotspot Advisory Committee", said Liz Smith.
They will offer regional and local insights on issues such as coastal zone management and tourism development. For example, Liz Smith says, "the construction industry is one of the most influential of the sectors we have to deal with in Integrated Coastal Zone Management, one of our three Strategic Directions, so how do we influence them? It's different in each country. In Morocco, tourism development has been going on for a long time, but in Libya and Algeria infrastructure is being rebuilt, and in the Balkans there's a risk of runaway overdevelopment. So what's the best approach? The committee members will be able to advise us."
The committee will meet face to face at least once a year, but will also continue their dialogue more informally. Information on the current Mediterranean Basin projects can be found here.


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DES MOINES — A day before delivering a budget message that he said will be "austere and somewhat painful," Gov. Terry Branstad encouraged transportation stakeholders to build support for a gas tax increase next year.
"Frankly, this year, our first priority is to get the state's financial house in order," said Branstad, who will present his budget to the legislature Thursday. "We have a big budget mess to straighten out."
However, Wednesday he told representatives of highway associations and coalitions, local elected officials, engineers, economic developers and other stakeholders who were in Des Moines for Transportation Day at the Capitol that transportation is critically important to economic development in the state.
Having the resources to maintain and improve the transportation system is "absolutely critical to our goal of creating 200,000 jobs and raising incomes by 25 percent and making Iowa a growing and competitive state," Branstad said.
That was welcome news to the transportation stakeholders who have lobbied in recent years for a gas tax increase to provide those resources.
"Words matter," Ken Anderson of the Marshalltown Chamber of Commerce said. "In the past, we have been cut off at the pass by words from the governor."
He was referring to then-Gov. Chet Culver's promise last year to veto a gas tax increase just as support for it was building in the legislature.
That was counter-productive, Branstad said.
"I want to team with you and help in this effort because I see it as part of what is critically important to our economic development success and achieving our ambitious job creation goals and income growth goals," Branstad said.
"Your encouragement is helpful and I hope you will continue to beat that drum," Anderson said.
"I will," Branstad said.
He's talked to Department of Transportation Director Nancy Richardson about involving business and community leaders in educating lawmakers and the public about the state's transportation needs. Specifically, he mentioned the need to complete a four-lane U.S. 20 to Sioux City.
The motor fuel tax has remained virtually unchanged since 1989 while increases in the cost of construction and maintenance — asphalt, concrete, fuel, steel, insurance and wages — has eroded its buying power by as much as 70 percent, according to lawmakers.
Meanwhile, the statewide need for all jurisdictions is $3.483 billion annually, according to the DOT. Of that, $2.256 billion annually is identified as critical needs. The average annual revenue available to all jurisdictions is about $1.989 billion, creating an annual shortfall of $1.494 billion. The critical funding shortfall is $267 million annually.
Branstad repeatedly referred to motor fuel taxes as user fees that benefit drivers who pay it.
"It's not like a general tax that is imposed on people who might not get a benefit," he said, adding that non-Iowans traveling through the state pay it, too, when they buy fuel.


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MSN network celebrated yesterday the best creative advertising content to appear on its network of Web sites over the past year. As explained on Yahoo! News, AtmosphereBBDO won the first prize in "branding" category for "Pen" developed for General Electrics; Lowe New York received the first prize in "Direct Response" for a Dell ad that promoted a free-shipping offer; and Euro RSCG Circle gained the gold medal in "Rich Media" for an interactive ad developed for New Balance Athletic Shoe.
Chrysler Group has launched an integrated marketing campaign that includes an online game, to promote a special limited edition Jeep Wrangler Rubicon Tomb Raider. On Jeep.com and Yahoo! Games users can play and experience driving the same car as Lara Croft does in the movie ?Lara Croft Tomb Raider: The Cradle of Life.? "Everything the Rubicon can do in the game, it can do in reality," says Jeff Bell, vice president, Jeep, Chrysler Group quoted on iMediaConnection.
I've read with great interest today's article on ClickZ, The Art of Discipline, by Kathleen Goodwin. A newsletter could be a strong tool to promote a brand and establish a direct contact with clients and prospects. Publishing a newsletter is easy, but publishing a precise and effective newsletter takes time and a lot of effort. Kathleen points out seven rules to be followed to keep a newsletter on time, fresh and… successful. Nothing really new, but a lot of useful tips to always keep in mind.
Eyeblaster today announced the launch of Eyeblaster 5.3, the latest upgrade to its industry-leading rich media platform. Eyeblaster 5.3 includes a number of significant enhancements that make it easier for online advertisers to create, manage, and track rich media campaigns directly, and produce more effective online campaigns. One such enhancement is the ability to serve larger file-sizes of up to one megabyte (1 MB). There will also be the possibility of a closer integration with Flash MX. Read on the press release on Yahoo! News, it features also some numbers on rich media.
Sorry, I've missed an interesting link last week: Game Used to Promote Panasonic Products on iMediaconnection. It's about the advergames used by Panasonic to promote its new Nitrix mini-system stereos. They will be featured as one of the primary highlights within the community Club Panasonic on Panasonic.com. Panasonic's objective is to attract younger and hipper consumers. As Gene Kelsey, vice president, general manager, Brand Strategy Group, Panasonic Consumer Electronics Co. explains on iMediaConnection:"It was simply logical to create a racing game to play off the product's cool factor and that is enough fun to generate a viral buzz and repeat traffic to the Panasonic Website."
The advergames of the Nitrix Series Racing have been created by Renegade Marketing Group.
It's not exactly about online advertising, but it's worth reading for anyone interested in marketing strategies and issues. Jerry Flint writes on Forbes about four big issues that are mining Chrysler's marketing strategies and future. It's not only about hiring Celine Dion. According to Jerry "Chrysler's marketing mistakes are far more serious".
Will be revealed by a new service by Hitwise: Search Terms. The tool will help businesses better understand how their competitors are using search marketing programmes to attract customers. The news is reported today on Brand Republic Digital Bulletin.
Mobile messaging will drive data revenue and provide operators with the tools to bring multimedia into the hands of users, according to a new study by IDC. Quoted in a Press Release, Paolo Pescatore, senior analyst for IDC�s European Wireless and Mobile Communications Service, says: Mobile messaging will be the bridge that will assist operators to aid the take-up of mobile data in Western Europe. It is important to remember that mobile messaging allows users to communicate, depending on their needs and acceptance of using that medium. SMS is discreet, direct, and in most cases quick, whereas the first offerings of MMS allow users to send pictures to one another, and IM offers presence allowing users to interact with other users. So much is mentioned and said about killer applications but in terms of potential and current usage of SMS so far, mobile messaging will be the killer cocktail for mobile operators.
A Mars bar online promotion which encouraged consumers to collect wrappers to get a computer games console was "misleading" according to the advertising watchdog. More details today on Ananova.
Location based services look very attractive to mobile advertisers. However advertising is only a part of the location based possibilities provided by mobile phones. M-spatial has an interesting example of pedestrian navigation service, and Vodafone has decided to pick up the new MapWay for its customers all through Europe. As Bob Bamforth writes on IT-Director.com:"If Vodafone or any other operator can link the direction service with what's on offer at the destination location, they could generate an untapped source of follow on revenue".
adidas advergame advergames advertainment advertising ambient marketing australia belgium best brazil coca-cola email marketing facebook fashion france germany google heineken ikea infographic italy japan marketing mobile content mobile marketing msn nike nokia online ads online advertising online campaign online marketing print advertising rich media samsung sms spain sweden tvc twitter uk video of the day viral marketing volkswagen wieden + kennedy


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Octodad PS4 delayed to April, "We're thinking about," Xbox One, says dev
Octodad: Dadliest Catch developer Young Horses has confirmed that the game's PS4 edition has been pushed back to April.
The slip was confirmed on Twitter:
@KYR_Justin Early April is what it's looking like.
— Octodad (@octodadgame) February 16, 2014
On the possibility of an Xbox One edition, the studio added:
@MrConmasterx7 Our word on the Xbox One version is, "We're thinking about it."
— Octodad (@octodadgame) February 17, 2014
Young Horses then stated, "We don't currently have plans for Wii U."
Octodad: Dadliest Catch is out on PC, Linux and Mac. Have you played it yet?
Via Eurogamer.
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Quest: Re-Dial: Live in Hamburg [Digipak] *
1 CD / Outnote Records / 2010-11-09Tracks: Let Freedom Ring; Standoff; Re-Dial; Continuum; Pendulum; Piper at the Gates of Dawn, The; Brazilia; Hermitage
Artists: Quest
Personnel: David Liebman (wooden flute, soprano saxophone, tenor saxophone); Richie Beirach (piano); Billy Hart (drums).
Audio Mixer: Walter Quintus.
Liner Note Authors: Francois Lacharm...continue...
Quest: Quest
1 CD / / 2008-11-11Artists: Quest
Personnel: David Liebman (soprano saxophone); Richie Beirach (piano); George Mraz (bass); Al Foster (drums).
Quest was the name of the quartet that Dave Liebman (who is heard here on soprano an...continue...
Quest: Quest World
1 CD / Loyalty Music / 2005-06-28Tracks: Gangsta/Hustla, Feat. Harm; Coast to Coast, Feat. Uzzo; Go Your Way, Feat. Sonny Black; Light Light; 5th Lane; Hot Like Fire, Feat. Too Short; Cabbage; Last Minute, Feat.Livio, Young Skillz & Tash(Da...
Artists: Quest
Quest: Vocal Eruption
1 CD / WorldShakerz Records LLC / 2005-06-15Tracks: Vocal Eruption; Ghetto Faith; Tale of 2 MC's Part I, A; Motives; Garden, The; P.H.A.T. C.A.T.S.; Party Joint; Transcend; Tale of 2 MC's Part II, A; Recovery; Trflin; Twice Born; Mo Betta; Paralax
Artists: Quest
Quest: Self Portrait
1 CD / Flux / 2003-11-15Tracks: Nothing; Bleed; Swim; Stay; Wrong; Fall; Away; Wait; Angels; Lost; Around
Artists: Quest
Quest: Natural Selection
1 CD / Evidence / 1994-01-27Tracks: As Always; Natural Selection; Nocturnal; Amethyst Suite / Fahamivu; Michiyo; Moody Time, A; Nighty-Nite
Artists: Quest
Quest: Dave Liebman (soprano saxophone), Richie Beirach (piano), Ron McClure (acoustic bass, Fender bass), Billy Hart (drums).
Additional personnel: Caris Visentin (oboe), Mitch Forman (keyboar...continue...


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This business is not BBB accredited.
Noland Road Auto Credit
Phone: (816) 886-0234 Fax: (816) 886-0252 1719 S Noland Rd, Independence, MO 64055 http://www.nolandroadautocredit.com ! There is an alert on Noland Road Auto Credit !
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Santa Maria Sun / Art
The following articles were printed from Santa Maria Sun [santamariasun.com] - Volume 13, Issue 47
Arrange a sweet song
The Tri City Sound, of the Sweet Adelines International, offers a special "Singing Valentines Program" for the upcoming, romantic holiday. The group will be performing "Singing Valentines" in Santa Maria and Lompoc on Feb. 14 from 10 a.m. to 8 p.m., and is currently accepting reservations.
Each "Singing Valentine" performance costs $25, and you choose the time and place. But act quickly, because the Tri City Sound's schedule fills up quickly! They'll be accepting reservations through Feb. 13 at 7 p.m. at 736-1874 or tricitysound
Arts Briefs is compiled by Arts Editor Joe Payne. Information should be sent to the Sun via fax, e-mail, or mail.
CalCoastNews turns to crowdfunding for libel suit Get dirty: Use your hands, your backyard, and the right tools to plant something you can eventually devour First growth: Locals split as SLO County passes native tree and ag pond ordinances SLO Supes to talk medical marijuana ordinance Grover beach green-lights marijuana tax ballot measure Paso wastewater too high in chemicals, says water board SLO makes public box art program permanent


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This study presents the design, control and implementation of a high bandwidth electromagnetic fast tool servo (FTS) that has the potential for use in diamond-turning of non-rotationally symmetric surfaces. The FTS is driven by a normal stress electromagnetic fast linear actuator and a custom current amplifier. It is controlled by a host-target real-time computer system. To achieve the high tracking and disturbance rejection performance required for the non-rotationally symmetric turning process, the controller is designed through a combined active disturbance rejection control and a feed-forward scheme. This combination exploits the unique disturbance estimation and compensation concept as well as the known reference acceleration signal. The controller design does not need an explicit mathematical model of the plant, and it employs an extended state observer to estimate the unmodelled plant dynamics, non-linear cutting force load, machine tool dynamics and other uncertainties. A digital first-order inertia filter is specially designed to reduce the effect of the position feedback signal noise. A prototype of the electromagnetic FTS with a travel of 50--m is developed using the design approach. The experimental results are presented to illustrate the design procedures and demonstrate that the FTS achieves 10-kHz closed-loop bandwidth, 0.011--m positioning error and 0.03--m maximum tracking error.
A not-for-profit organization, IEEE is the world's largest technical professional organization dedicated to advancing technology for the benefit of humanity.© Copyright 2016 IEEE - All rights reserved. Use of this web site signifies your agreement to the terms and conditions.


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I don't know much about source control beyond what I have used at work [Perforce]. I'm looking for a product with the following..
- Free
- Centralized (server running on the LAN)
- Good integration with Microsoft Visual Studio (built-in / free plugin?)
- Good integration with Apple Xcode (built-in / free plugin?)
Are there many that fit those criteria? What would you choose?
Thank you for any input.


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97 plays shortstop, third base, and catcher looking to pick up at the
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Contact 865-680-8500, or firstname.lastname@example.com.
Regular team is not playing in this tournament.
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Audra Hendrix was educated at Northwestern University. She works as a consultant in applied technology and marketing to small and medium-sized businesses. While her client list includes Fortune 500 companies, she prefers the flexibility, agility, and challenges of small to medium-sized businesses. She has consulted both in the United States and France for businesses seeking to better utilize their resources and maximize their gains by reinventing and reapplying back office and Internet applications, data management, cost-effective marketing strategies, staffing requirements, and planning and deployment of new or emerging product lines. Bogdan has a strong background in Computer Science holding a Master and Bachelor Degree at the Automatic Control and Computers Faculty of the Politehnica University of Bucharest, Romania and also an Auditor diploma at the Computer Science department at Ecole Polytechnique, Paris, France. His main interests cover a wide area from embedded programming, distributed and mobile computing and new web technologies. Currently, he is employed as an Alternative Channels Specialist at Banca Romaneasca, Member of National Bank of Greece where he is responsible for the Internet Banking project and coordinates other projects related to security applications and new technologies to be implemented in the banking area. Cristian Darie is a software engineer with experience in a wide range of modern technologies, and the author of numerous books, including his popular AJAX and PHP tutorial by Packt, his ASP.NET E-Commerce tutorial, by APress and his forthcoming SEO tutorial for PHP developers by Wrox Press. Cristian is studying distributed application architectures for his PhD, and is getting involved with various commercial and research projects. When not planning to buy Google, he enjoys his bit of social life. If you want to say "hi", you can reach Cristian through his personal website at http://www.cristiandarie.ro.
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I have learned a lot from this book but do not consider it suitable as a stand-alone introduction to AJAX and PHP.
Second is the index.html link tag
<link rel="stylesheet" type="text/css" media="screen" href="scripts/themes/jqModal.css" > is incorrect
it should be
<link rel="stylesheet" type="text/css" media="screen" href="scripts/themes/jqModal.css" >
On page 265 this link tag is discussed for styling the grid.
<link rel="stylesheet" type="text/css" media="screen" href="themes/coffee/grid.css" >
I had to modify it to add it to the downloaded sample.
<link rel="stylesheet" type="text/css" media="screen" href="scripts/themes/coffee/grid.css" >
Basically there is an additional scripts folder in the paths to be wary about when translating the chapter discussion with the downloaded sample.
Other than that, so far as I have not tried all chapters, the downloaded examples appear to work. The book has the caveat that u use the XAMPP software in the Appendix. Some of us use our own server set-ups and that may cause a hitch here or there that are easily overcome since u would be experienced with LAMP server set-ups such as mysqli support in case u did not turn it on. The point here u want to play with examples be sure u read the software requirements they were tested on.
The authors do a great job of breaking down the subjects with a balance between atomic examples and more functionality and thus build more complex examples. There are quite a lot of code dumps in the book which fills the pages. They are explained on subsequent pages. There are comments in the code that does help.
I have a problem with the AJAX code constantly changing throughout the book. It has to do with the authors introducing new concepts. I am not sure where at this point Chapter 5 what code I should adopt for handing the AJAX calls. Somewhere hopefully I will find a definitive statement pointing to the exact code that should be integrated into any independent work.
The grunt of the book is covered in the first four chapters and then the authors take u into serious use of the technologies so far worth exploring.
All the source files are available and they even include the SQL scripts to build tables which saves time so u can run the examples to see the functionality and not key in data.
Overall I find this book well worth the purchase if u are new to these technologies but have fundamental HTML, CSS, PHP, MYSQL, JS experience and if you are strong in those technologies but need to get up to speed in their integration with AJAX which is my case.
I do detest code examples that are not thoroughly tested foisted on readers who then have to either fail or are forced to use advanced skills to debug and fix. A recommendation to publishers is to build the examples and storyboard their explanation progression and then have the authors write.
Errors in the book figures are also something that shows poor quality control from the publishers as well as three authors and professional friends available to check the book. Since they are in the last chapter, I suspect like many books everyone grows tired and want to get it done - done is correctly done so your readers are not dismayed - at least those who try to actually run the examples as is.
Look for similar items by category
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Tuesday, July 26, 2016
Spacetoon, ALC Secure MENA Deals
Ahead of MIPTV, Arabic language free-to-air kids' channel Spacetoon — available in 22 countries with a 130 million viewer reach — and its licensing arm ALC have announced ... Continue Reading →
Betty White Guests on 'SpongeBob' Ahead of Kids Choice Awards
Nickelodeon is gearing up for an exciting Saturday night on March 12, with the programming anchored by the 2016 Kids' Choice Awards at 8 p.m. (ET/PT). The pop culture celebration ... Continue Reading →
Nickelodeon Upfronts Include New Toons, TV Movie
Nickelodeon held its annual upfront presentation in New York's Lincoln Center on Wednesday, detailing plans to head into the season with over 650 episodes of new and returning series. ... Continue Reading →
Nick Reveals Kids Choice Nominees
Nickelodeon announces the nominees for the 2016 Kids' Choice Awards — the ultimate fan celebration of the best of everything kids love in pop culture. These gems will get ... Continue Reading →
Watch Next Devs 'Nate Is Late' with France Televisions
Watch Next Media has entered into a development deal with France Televisions on a new 52 x 11 animated series, titled Nate Is Late. Production on the show, created by Sylvain Huchet ... Continue Reading →
PGS Hits 100% Carriage for 'ALVINNN!!!' in Europe
PGS Entertainment has hit a milestone for the new animated series ALVINNN!!! and The Chipmunks, having secured 100% Pay and Free TV carriage available in continental Europe since introducing ... Continue Reading →
Brazil's Globosat Picks Up 'Chipmunks'
PGS Entertainment is continuing the sales streak for Bagdasarian Productions' new and updated ALVINNN!!! and The Chipmunks at this year's MIPCOM, having licensed two seasons ... Continue Reading →
PGS Takes on OuiDO's 'Monchhichi'
France's OuiDO Productions (ALVINNN!!! and The Chipmunks, Sonic Boom) is gearing up to go into development on a new animated series based on the classic Japanese toy brand Monchhichi, ... Continue Reading →
PGS, OuiDO! Team up for 'Smiley' Series
Iconic logo character Smiley, the originator of the now ubiquitous emoticon, is gearing up for its TV debut. International brand manager PGS Entertainment and animation house OuiDO! ... Continue Reading →
'ALVINNN!!!' Finds Homes in Spain, Germany
Germany's Super RTL and Atresmedia Television in Spain have pre-bought two seasons (104 x 11) of the upcoming animated series ALVINNN!!! and The Chipmunks from Bagdasarian Productions ... Continue Reading →


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Though 2 coaches added, the WL position not changing. Demand is still so high.
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