Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.

Privacy vs press: How the new tort will reshape newsrooms

A new statutory tort for serious invasions of privacy is now in force, giving individuals the right to sue for misuse of personal information or intrusions where there is a reasonable expectation of privacy. While designed to strengthen and supplement pre-existing protections, it introduces real risks for media organisations, especially when using covertly obtained material or reporting on personal lives.

With damages currently capped at $478,550 and applications for injunctions likely to rise, newsrooms must rethink editorial processes and legal checks. Curious about how these reforms will change the privacy landscape forever and the first case under the new law?

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Patently obvious: How inventions interact with emerging technologies

Artificial intelligence is creating patent-worthy inventions, but Australian law says only humans qualify as inventors. What does this mean for businesses relying on AI innovation? Explore the latest court rulings and what they signal for the future of intellectual property.

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Privacy update

The Office of the Australian Information Commissioner (OAIC) will launch its first-ever compliance sweep in early January 2026, focusing on the privacy policies businesses that gather personal information in person.

Click here for more information.

In case you missed it, the following articles were recently written and published by our team:

Protecting the unprotectable: How can businesses safeguard their critical assets when an employee leaves?

Your most valuable assets might not sit on your balance sheet. Trade secrets and confidential know-how can make or break your competitive edge – but they are not legally defined or legislatively protected in Australia. So how do you safeguard them? Discover practical strategies beyond outdated restraints.

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Productivity commission releases interim report on harnessing data and digital technology – An AI and privacy perspective

The Productivity Commission’s Interim Report urges Australia to take a proactive stance on data and digital technology. Key recommendations include unlocking AI’s productivity potential, expanding data access, and introducing outcomes-based privacy reform, shaping the future of technology regulation.

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Open source under fire: ReVanced faces Spotify’s copyright allegations

Spotify has taken aim at ReVanced, an open-source project accused of bypassing its Premium paywall. Is this a clear-cut DMCA breach or a grey area in software modification? Find out what is at stake in this high-profile dispute.

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The costs of copyright infringement: How damages are calculated

In the event of copyright infringement, the Copyright Act 1968 (Cth) provides that an entity that infringes copyright can be subject to an account of profits, damages, or additional damages. In this article, Luke Dale, Max Soulsby and Alexandra Beal examine the ways courts have implemented these remedies and what parties can expect in relation to copyright infringement.

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Disney and Universal bring action against Midjourney AI

There have been a string of recent cases in the US raised against the developers behind generative AI models. Luke Dale and Bellarose Watts discuss the recent proceedings filed by entertainment giants Disney and Universal and their related entities against Midjourney Inc’s generative AI Image Service, and the unconventional defence submitted by the AI developer that it is not the AI with the infringing mindset but possibly users themselves.

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