Advertising Group Publicis Communication reaches settlement with BSAA
Announcement posted by Business Software Association of Australia (BSAA) 03 May 2002
One of Australias leading Advertising and Communications Groups, Publicis Communication Pty Ltd, which includes Mojo Partners Pty Ltd amongst others, has settled Federal Court proceedings with the Business Software Association of Australia (BSAA) in relation to the unlicensed use of Adobe and Microsoft software.
Under the terms of the settlement, Publicis and Mojo have agreed to pay the BSAA an undisclosed financial settlement and agreed to instigate comprehensive software compliance procedures throughout the Group. The BSAA has recognised Publicis and Mojos position that the unlicensed software use was inadvertent.
As a leading creative agency and Communications Group, Publicis and Mojo understand the importance of intellectual property and accordingly we support the BSAAs decision to take a strong line on protecting the copyright of its members software, said Trish Scantlebury of Publicis Communication.
The Groups use of unlicensed software was unintentional and arose from a lack of necessary compliance procedures. This was compounded by Publicis belief when it purchased the business that it had taken steps to acquire the appropriate software licences. However, we accept that lack of awareness does not justify or excuse copyright breaches. We have taken steps to introduce policies to ensure unlicensed software use does not occur in the Publicis Group or at Mojo again, Trish Scantlebury said.
Scantlebury also urged other companies in the communications industry that have been involved in an acquisition to ensure their documentation correctly lodges any transfer of copyright ownership with the software owners and to undertake regular software audits to ensure ongoing compliance.
She further recommended others in the advertising industry to take a hard look at their own software use to ensure they too are not acting in breach of copyright laws.
Chairman of the BSAA, Jim Macnamara, welcomed the settlement and the open approach of Publicis and Mojo in addressing the problem and helping make others in the advertising and creative industries aware of the importance of software copyright and the need to monitor usage in accordance with licences.
BSAA research has found that up to 66 per cent of professionals in the graphics and design sector admit using, or knowing someone in their company using unlicensed software. This is the highest software piracy rate of any industry or sector in Australia and is inconsistent and hypocritical in a field which makes its living from copyright intellectual property, Mr Macnamara said.
This matter related to unlicensed use of computer software from Microsoft and Adobe, including Microsoft Office, Adobe Photoshop, Adobe Illustrator and Adobe Acrobat.
Initial legal proceedings were filed by Microsoft and Adobe against Mojo Partners Pty Ltd, Publicis Communication Pty Ltd, Publicis Dialog Pty Ltd, Publicis Smart Services Pty Ltd and Optimedia Australia Pty Ltd on 16 October 2001 and the case came before Justice Beaumont of the Federal Court in Sydney for the first time on 28 November 2001.
The BSAA encourages proactive voluntary compliance with software licences and distributes a range of free information on its web site including a Software Compliance and Audit Manual and operates a toll-free information hotline- 1800 021 143.
Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143
BSAA Web site: www.bsaa.com.au
The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries.
The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal online world. The BSA is the voice of the world's software and Internet industry before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates computer users on software copyrights and cyber security; advocates public policy that fosters innovation and expands trade opportunities; and fights software piracy.
BSA worldwide members include Adobe, Apple Computer, Autodesk, Bentley Systems, Borland, CNC Software/Mastercam, Macromedia, Microsoft, Symantec, and Unigraphics Solutions (EDS).
Media inquiries: The Publicis group of companies, the BSAA and its members have each agreed that they will make no further comment on this press release or in relation to this matter
Under the terms of the settlement, Publicis and Mojo have agreed to pay the BSAA an undisclosed financial settlement and agreed to instigate comprehensive software compliance procedures throughout the Group. The BSAA has recognised Publicis and Mojos position that the unlicensed software use was inadvertent.
As a leading creative agency and Communications Group, Publicis and Mojo understand the importance of intellectual property and accordingly we support the BSAAs decision to take a strong line on protecting the copyright of its members software, said Trish Scantlebury of Publicis Communication.
The Groups use of unlicensed software was unintentional and arose from a lack of necessary compliance procedures. This was compounded by Publicis belief when it purchased the business that it had taken steps to acquire the appropriate software licences. However, we accept that lack of awareness does not justify or excuse copyright breaches. We have taken steps to introduce policies to ensure unlicensed software use does not occur in the Publicis Group or at Mojo again, Trish Scantlebury said.
Scantlebury also urged other companies in the communications industry that have been involved in an acquisition to ensure their documentation correctly lodges any transfer of copyright ownership with the software owners and to undertake regular software audits to ensure ongoing compliance.
She further recommended others in the advertising industry to take a hard look at their own software use to ensure they too are not acting in breach of copyright laws.
Chairman of the BSAA, Jim Macnamara, welcomed the settlement and the open approach of Publicis and Mojo in addressing the problem and helping make others in the advertising and creative industries aware of the importance of software copyright and the need to monitor usage in accordance with licences.
BSAA research has found that up to 66 per cent of professionals in the graphics and design sector admit using, or knowing someone in their company using unlicensed software. This is the highest software piracy rate of any industry or sector in Australia and is inconsistent and hypocritical in a field which makes its living from copyright intellectual property, Mr Macnamara said.
This matter related to unlicensed use of computer software from Microsoft and Adobe, including Microsoft Office, Adobe Photoshop, Adobe Illustrator and Adobe Acrobat.
Initial legal proceedings were filed by Microsoft and Adobe against Mojo Partners Pty Ltd, Publicis Communication Pty Ltd, Publicis Dialog Pty Ltd, Publicis Smart Services Pty Ltd and Optimedia Australia Pty Ltd on 16 October 2001 and the case came before Justice Beaumont of the Federal Court in Sydney for the first time on 28 November 2001.
The BSAA encourages proactive voluntary compliance with software licences and distributes a range of free information on its web site including a Software Compliance and Audit Manual and operates a toll-free information hotline- 1800 021 143.
Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143
BSAA Web site: www.bsaa.com.au
The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries.
The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal online world. The BSA is the voice of the world's software and Internet industry before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates computer users on software copyrights and cyber security; advocates public policy that fosters innovation and expands trade opportunities; and fights software piracy.
BSA worldwide members include Adobe, Apple Computer, Autodesk, Bentley Systems, Borland, CNC Software/Mastercam, Macromedia, Microsoft, Symantec, and Unigraphics Solutions (EDS).
Media inquiries: The Publicis group of companies, the BSAA and its members have each agreed that they will make no further comment on this press release or in relation to this matter