Roadshow Films Pty Limited v Telstra Limited [2024] FCA 485

Roadshow Films Pty Limited v Telstra Limited [2024] FCA 485

The applicants established that each Target Online Location infringes copyright in one or more Cinematograph Films and has the primary purpose or effect of infringing or facilitating infringement; given the voluminous and flagrant infringement and absence of other remedies, an injunction under s 115A is appropriate.

Jurisdiction
Australia
Judgment Date
08 May 2024
Procedural Posture
Application for Injunction Under S 115 a of the Copyright Act 1968 (cth) / Final Judgment and Orders
Outcome
Injunction granted; ancillary orders made; applicants to pay compliance costs; no order as to costs.
Legal Topics
['copyright' 'site Blocking Injunctions' 'carriage Service Providers' 'online Infringement']
['intellectual Property'] ['copyright' 'site Blocking Injunctions' 'carriage Service Providers' 'online Infringement']

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Procedural Posture

Application for Injunction Under S 115 a of the Copyright Act 1968 (cth) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether site blocking injunction should be granted under s 115A Copyright Act 1968 (Cth)' 'Whether target online locations infringe or facilitate infringement of copyright' 'Whether the primary purpose or effect is infringing or facilitating infringement']

Ratio Decidendi

The applicants established that each Target Online Location infringes copyright in one or more Cinematograph Films and has the primary purpose or effect of infringing or facilitating infringement; given the voluminous and flagrant infringement and absence of other remedies, an injunction under s 115A is appropriate.

Court Disposition

Injunction granted; ancillary orders made; applicants to pay compliance costs; no order as to costs.

Orders

  • ['Each respondent must take reasonable steps to disable access to the Target Online Locations within 15 business days of service of the order.' 'Applicants to pay compliance costs calculated at $50 per Domain Name the subject of DNS Blocking undertaken for Order 1.' 'Orders to operate for a period of 3 years from...