Nicholas (Nick) Kraegen
Biography
Nick is a senior associate in the Media and Content team, within the IPTech practice and acts on a variety of commercial, advisory and litigious matters. Nick advises and represents a range of clients in the media and publishing, IT, communications, and FMCG industries, including in relation to intellectual property (with a strong focus on copyright) and advertising law. Acting for licensees in the Copyright Tribunal has been a significant part of his practice in the last several years.
Prior to joining Baker McKenzie he worked in-house at NineMSN, now Nine Digital.
Nick's work also focuses on copyright enforcement strategies in a digital context, and he has represented a range of international and domestic rightsholders in anti-piracy proceedings.
Representative Legal Matters
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Acting for Meltwater Australia in Application by Meltwater Australia Pty Ltd against Copyright Agency Limited CT 2 of 2017, Copyright Tribunal of Australia proceedings in relation to factually and legally complex copyright licensing issues. After a significant success for the licensees at first instance, Copyright Agency's appeal to the Full Federal Court was dismissed in July 2022.
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Acting for Network Ten/the Paramount Global group in relation to the Paramount + streaming service in relation to APRA AMCOS' rights in musical works, granted under a proposed licence scheme which is now before the Copyright Tribunal (proceeding CT 1 of 2021). The matter remains ongoing.
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Acted for Motion Picture Association studios, Television Broadcasts Limited and Madman Entertainment in several copyright "site blocking" anti-piracy actions. This litigation was first in its kind in Australia in a range of respects, and included world first orders disabling pirate set top box devices.
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Ongoing pre-publication advice in respect to defamation, contempt, copyright, suppression orders, and non-publication legislation to various Australian media outlets.
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Advises rightsholders in relation to novel copyright enforcement strategies in Australia including targeting pirate set top box operators and criminal enforcement.
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Advising on consumer law and trade practices compliance.
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Drafting commercial agreements for a range of media and technology clients for a variety of purposes.
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Advertisement clearance (print, broadcast and radio) and advising on compliance with consumer, trade mark and copyright law and applicable advertising codes.
Professional Honors
- Winner, Technology, Media and Telecommunications, 30 Under 30, 2018
- Media and Entertainment Rising Star, Legal 500
Professional Associations and Memberships
- Law Society of New South Wales - Member
- CAMLA Young Lawyers Committee - Member (2017-2018)
Corporate Responsibility
- Volunteer Solicitor, Marrickville Legal Centre Youth Legal Service
- Refugee Advice and Casework Service
Admissions
- High Court of Australia~Australia (2016)
- New South Wales~Australia (2015)
Education
- University of Sydney (LLB)
- University of Sydney (BA Media and Communications)
Languages
- English