Perez v Fernandez
Jurisdiction | Australia Federal only |
Date | 2012 |
Court | Federal Magistrates Court (Australia) |
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1 cases
2 firm's commentaries
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Planning to modify or redevelop a building site? Beware of artistic moral rights
...demonstrated a willingness to recognise claims of infringement of moral rights and enforce remedies (see for instance Perez v Fernandez [2012] FMCA 2 and Corby v Allen & Unwin [2013] FCA 370). Building owners and developers should pay particular attention to how they treat artworks on build......
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Rectification works and other design changes: Could they breach the moral rights of the building designer?
...Unfortunately there is limited Australian case law on moral rights to help resolve the confusion, with only one case, Perez v Fernandez [2012] FMCA 2, considering the right of integrity.12 Some commentators have advocated for the application of the test used in defamation law - that is, whe......
2 books & journal articles
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Mash‐Up Songs: Are There Any Exceptions to the Exclusive Rights in the Light of the Jordanian Copyright Protection and Related Rights Law?
...Madi©2015 John Wiley & Sons LtdThe Journal of World Intellectual Property (2015) Vol. 18, no. 3–4 101 23. 260 FLR 1, 2012 WL 423307; [2012] FMCA 2.24. Ibid, pp. 1,4,13,28,31,33,35.25. Section 195AJ of the Australian Copyright Act 1968, Act No. 63 of 1968 as amended states: “[i]n this Part:d......
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The Honour of the Dead – the Moral Right of Integrity Post-Mortem
...Lim, ‘Prejudice to Honour or Reputation in Copyright Law’ (2007) 33 Monash University Law Review 290, 293. 45 See Perez v Fernandez [2012] FMCA 2 (10 February 2012) [97] (‘Perez’), although Driver FM clearly considered that prejudice had been established, finding that Mr Perez’s reputation ......