The Website Design And Slogan Of ' Bon Appetite Mes Ami '
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In the discussed case, the website design and slogan of ‘Bon Appetite Mes Ami(e)s’ is protected by the copyright law. In Australia, the law of copyright comes under the Copyright Act 1968. The copyright can be in the following two categories:
¬ Works (such as original literacy, dramatic, musical or artistic work); and
¬ Subject matter other than works (that normally includes sound recordings, television, and sound broadcast.
Website design can come under the “artistic work” which has been defined in Section 10 and it also includes graphic designs and the slogans of the organizations.
So both the design of the website and the slogan used by Michelle’s are protected by the Copyright Act.
The facts of the case state that the design for Ming’s business website has been copied from the website design of Michelle’s; Ming did not take any permission from Collette. So the slogan of the restaurant has been copied from Collette’s business. In both the cases, no permission has been taken from Collette, so it establishes the case of infringement.
If there is the case of infringement, then remedies are available for the suffered party who had the copyrights. Statutory and general law remedies are available for the affected party.
In the given scenario, Collette can ask the injunction to restrain the infringement. If Collette can show that there is an economic loss, then he can claim for the economic indemnity. The remedy for Collette is