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Publishers Breach Copyright Law

Announcement posted by Business Software Association of Australia (BSAA) 12 Sep 2002

Gadfly Media and Dawsons Publishing have agreed to pay costs and damages for infringement of software licenses under settlements with the Business Software Association of Australia (BSAA) and its members.

Gadfly Media, a specialist-publishing group founded by former Sydney Morning Herald editor-in-chief David Hickie, has settled for $13,000. Dawsons, the publishers of Sydneys Pink Pages, has settled with the BSAA for $12,000.

Both organisations were investigated by the BSAA following reports of illegal software use provided to the BSAA Hotline.

According to Jim Macnamara, Chairman of the BSAA, as publishers the two businesses and their proprietors were well aware of copyright and should be more alert and proactive in their use and management of copyright software.

Both Gadfly Media and Dawsons make their living by selling rights to their intellectual property and expect to be paid for their copyright materials. It is indefensible for media and publishers to blatantly breach copyright and expect to get away with it. Copyrighted intellectual property is an important part of modern business and proprietors need to manage IP assets or face costly penalties, Mr Macnamara said.

The growing awareness of copyright issues means that an increasing number of organisations are being reported to the BSAA for illegal software and as a result the chances of being caught using illegal software are increasing, he warned.

The BSAA has acknowledged that Gadfly took steps to rectify software copyright breaches when contacted. But Mr Macnamara said that, unfortunately, it was a case of doing it after the horse had bolted.

Gadly Media issued the following statement:

Gadfly management recognises intellectual property has to be protected and has consistently emphasised to staff the need to observe BSAA guidelines. Gadfly management therefore believed it had adequate procedures in place, including regular software audits, to ensure ongoing compliance. When Gadflys own internal audit revealed some illegal software may be in use, management ordered immediate steps to rectify the situation. The BSAA advised of possible further breaches. As a result Gadfly ensured all software in use was legal within a short period. Gadfly has subsequently instituted further procedures to prevent any future use of unlicensed software without the knowledge of management.