Seven Network (Operations) Limited (ACN 052 845 262) v TCN Channel Nine Pty Limited (ACN 001 549 560) [2005] FCA 476

Seven Network (Operations) Limited (ACN 052 845 262) v TCN Channel Nine Pty Limited (ACN 001 549 560) [2005] FCA 476

The arrangements necessary for making the Camera Tapes were undertaken primarily by DARE with Seven also playing a part, so copyright was jointly held between DARE and Seven. The contractual arrangements made on 11 February 2004 required Seven to provide the existing copy of the Camera Tapes to DARE after Seven's program or programs had gone to air, without any express limitation on DARE's use; DARE's stated promotional purpose was representational rather than a contractual limitation. Seven therefore failed to establish its case concerning the Camera Tapes. Seven also failed to prove conscious or subconscious copying of the Selected Footage Film in the Look Documentary, and any alleged...

Jurisdiction
Australia
Judgment Date
21 April 2005
Procedural Posture
Copyright Proceeding Seeking Injunctions to Restrain Alleged Breaches of Copyright in Cinematograph Films and Other Relief / Final Judgment After Expedited Hearing
Outcome
Proceeding dismissed.
Legal Topics
['cinematograph Films' 'joint Makers of Film' 'ownership of Copyright' 'transfer of Beneficial Title and Copyright' 'licence to Third Party' 'copying' 'injunctions']
['copyright' 'intellectual Property'] ['cinematograph Films' 'joint Makers of Film' 'ownership of Copyright' 'transfer of Beneficial Title and Copyright' 'licence to Third Party' 'copying' 'injunctions']

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Procedural Posture

Copyright Proceeding Seeking Injunctions to Restrain Alleged Breaches of Copyright in Cinematograph Films and Other Relief / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 ['Whether Seven and DARE were joint makers or owners of copyright in the Camera Tapes.' 'Whether DARE acquired all rights of property in the Camera Tapes, including copyright, without restriction as to copying by Look and proposed broadcasting by Nine.' 'Whether the Selected Footage Film was copied by Look in making the Look Documentary.' 'Whether any use of the Selected Footage Film in a promotional video prevented broadcast of the Look Documentary on equitable grounds.']

Ratio Decidendi

The arrangements necessary for making the Camera Tapes were undertaken primarily by DARE with Seven also playing a part, so copyright was jointly held between DARE and Seven. The contractual arrangements made on 11 February 2004 required Seven to provide the existing copy of the Camera Tapes to DARE after Seven's program or programs had gone to air, without any express limitation on DARE's use; DARE's stated promotional purpose was representational rather than a contractual limitation. Seven therefore failed to establish its case concerning the Camera Tapes. Seven also failed to prove conscious or subconscious copying of the Selected Footage Film in the Look Documentary, and any alleged...

Court Disposition

Proceeding dismissed.

Orders

  • ['The proceeding be dismissed.' 'The applicants are to pay the costs of the respondents, save for costs of the day of 19 April 2005.']