Intellectual Property, Technology & Media Newsletter – June 2026
Market Insights
Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.
INSPIRATION OR IMITATION? COPYRIGHT INFRINGEMENT IN MUSICAL WORKS
When does musical inspiration become copyright infringement? In this alert, we explore the legal framework that determines when creative influence crosses the line into unlawful copying.
NO AI ACT, NO CRY? YOUR COMPLIANCE OBLIGATIONS WHEN USING AI
There is no AI Act in Australia. But we are all using AI now – some with permission, many without – and the organisations we work for carry obligations the whole time, whether anyone is thinking about them or not.
In case you missed it, the following articles were recently written and published by our team:
WHO PAYS FOR SCAMS? NEW FRAMEWORK PUTS LIABILITY IN FOCUS
Treasury’s draft Scams Prevention Framework rules propose a whole-of-ecosystem model that could see banks, telcos and digital platforms sharing liability for scam losses. With automatic reimbursement for some consumer losses and stricter obligations around detection, response and coordination, the reforms signal increased regulatory and financial risk, making early planning and gap analysis critical.
SOMETIMES IT DOES HURT TO ASK
A recent decision by the Privacy Commissioner highlights the limits of relying on contractual terms to justify the collection of personal information. We explore what this means for businesses-and why consent can’t simply be “contracted in”.
NOT SO FAST: APRA ISSUES AI REMINDER AHEAD OF CPS 230 DEADLINE
As AI adoption accelerates, APRA is making it clear that existing prudential standards must keep pace. This article explores how CPS 230 and CPS 234 apply to AI, and what regulated entities and boards need to be thinking about now to manage emerging risks.
COVERING THE FIELD: TAYLORE VKILLER QUEEN LLC AND IP AUSTRALIA’S MARCH 2026 UPDATES TO THE TRADE MARKS MANUAL
Following the headline‑grabbing Katy Perry trade mark dispute, IP Australia has updated its guidance on reputation and confusion. This article unpacks what’s changed and what it means for protecting and enforcing trade marks in Australia.
ARTIFICIAL INTELLIGENCE, REAL LIABILITY: MARKETING RISKS FOR AI-ENABLED PRODUCTS
As AI becomes embedded in products and services, the legal risks are expanding just as quickly. This article explores key liability and marketing risks, from misleading claims to data, privacy and IP issues and what businesses need to do to stay ahead.
SMALL BUSINESSES, BIG CHANGE: PRIVACY OBLIGATIONS UNDER TRANCHE 2 OF THE AML/CTF REFORMS
From 1 July 2026, thousands of small businesses will face Privacy Act obligations for the first time as part of the AML/CTF reforms. This article outlines what’s changing-and the key steps organisations should be taking now to prepare.
IDENTITY CRISIS: NEW ACMA RULES FOR SMS COMMUNICATIONS AND THE SENDER ID REGISTER
Australian businesses that rely on SMS messages to communicate with customers face an imminent regulatory change. From 1 July 2026, the Australian Communications and Media Authority (ACMA) will enforce a new SMS Sender ID Register to combat impersonation scams. This change has direct operational and reputational consequences for organisations that send branded text messages.
TREAT ME LIKE A CHILD? HOW THE CHILDREN’S ONLINE PRIVACY CODE COULD FORCE A PRIVACY RETHINK
Australia’s proposed Children’s Online Privacy Code is set to significantly reshape how businesses collect and use children’s data. This article explores the likely impact and why it may require organisations to fundamentally rethink their approach to privacy
REST IN (I) PEACE: INTELLECTUAL PROPERTY AND DECEASED ESTATES
Intellectual property can be one of the most valuable, yet misunderstood, assets in deceased estate planning and administration. This article explores the key risks affecting different categories of intellectual property and explains why targeted intellectual property estate planning is essential for protecting long‑term value and minimising disputes.
INDIANA JONES AND THE FRIVOLOUS LAWSUIT
Not every claim belongs in court. Using an “Indiana Jones” case as a lens, this article explores the risks of frivolous litigation and the potential consequences for those who push too far.
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