Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd [2001] FCA 1719

Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd [2001] FCA 1719

Playing a DVD disc, which involves sequential and temporary storage of tiny fractions of the film and computer program in RAM, does not constitute making a copy of the cinematograph film or computer program within the meaning of the Copyright Act 1968. The essential object of renting a DVD is to obtain access to film content and special features, not to the computer program embedded on the disc, and thus the rights under s 31(1)(d) are not engaged. Volatile RAM storage in the ordinary course does not result in reproduction of the work in a material form.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Civil / Preliminary Questions Determined Before the Rest of the Proceeding
Outcome
Preliminary questions answered in favour of the applicants; parties to agree proposed orders.
Legal Topics
['copyright' 'cinematograph Films' 'computer Programs' 'commercial Rental Arrangements' 'material Form' 'reproduction' 'digital Media' 'digital Copying' 'essential Object of Rental']
['intellectual Property Law'] ['copyright' 'cinematograph Films' 'computer Programs' 'commercial Rental Arrangements' 'material Form' 'reproduction' 'digital Media' 'digital Copying' 'essential Object of Rental']

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Procedural Posture

Civil / Preliminary Questions Determined Before the Rest of the Proceeding

Legal Issues

  1. 1 ['Whether playing a DVD disc amounts to making a copy of the cinematograph film under the Copyright Act 1968' 'Whether and which computer programs are embodied in the DVD discs and protected by copyright' "Whether commercial rental arrangements for DVDs make the computer program the 'essential object of rental' under s 31(5)" 'Whether playing the DVD disc or computer program results in reproduction in a material form']

Ratio Decidendi

Playing a DVD disc, which involves sequential and temporary storage of tiny fractions of the film and computer program in RAM, does not constitute making a copy of the cinematograph film or computer program within the meaning of the Copyright Act 1968. The essential object of renting a DVD is to obtain access to film content and special features, not to the computer program embedded on the disc, and thus the rights under s 31(1)(d) are not engaged. Volatile RAM storage in the ordinary course does not result in reproduction of the work in a material form.

Court Disposition

Preliminary questions answered in favour of the applicants; parties to agree proposed orders.

Orders

  • ['The parties deliver to the Court short minutes to give effect to these reasons.' 'The proceeding be listed for directions on a date convenient to the parties.']