Milwell Pty Ltd v Olympic Amusemunts Pty Ltd [1999] FCA 63

Milwell Pty Ltd v Olympic Amusemunts Pty Ltd [1999] FCA 63

The prize scales in question constitute original literary works within the statutory definition as they exhibit sufficient skill, labour and judgment, and were created through collaborative effort amounting to joint authorship by Olympic and involved mathematicians. The assertion of innocent infringement fails because the appellant provided no evidence of a relevant state of mind and simply denied the infringing act, and lacked reasonable grounds to claim ignorance as to the possibility of copyright subsisting in such works.

Parties
Appellant / Cross Respondent: Milwell Pty Limited; Respondent / Cross Appellant: Olympic Amusements Pty Limited
Jurisdiction
Australia
Judgment Date
16 February 1999
Procedural Posture
Appeal and Cross Appeal (civil) / Federal Court Full Court Judgment on Appeal and Cross Appeal From Interlocutory Decision
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Copyright, Originality in Literary Works, Joint Authorship, Innocent Infringement, Assessment of Damages
Intellectual Property Law Copyright Originality in Literary Works Joint Authorship Innocent Infringement Assessment of Damages

Case Brief

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Parties

Milwell Pty Limited

Appellant / Cross Respondent

Olympic Amusements Pty Limited

Respondent / Cross Appellant

Procedural Posture

Appeal and Cross Appeal (civil) / Federal Court Full Court Judgment on Appeal and Cross Appeal From Interlocutory Decision

Legal Issues

  1. 1 Whether prize scales for poker video games are 'original literary works' under the Copyright Act 1968 (Cth)
  2. 2 Whether the prize scales were works of 'joint authorship'
  3. 3 Whether the infringement by the appellant was 'innocent' within the meaning of s 115(3) of the Copyright Act 1968 (Cth)

Ratio Decidendi

The prize scales in question constitute original literary works within the statutory definition as they exhibit sufficient skill, labour and judgment, and were created through collaborative effort amounting to joint authorship by Olympic and involved mathematicians. The assertion of innocent infringement fails because the appellant provided no evidence of a relevant state of mind and simply denied the infringing act, and lacked reasonable grounds to claim ignorance as to the possibility of copyright subsisting in such works.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • The appeal is dismissed.
  • The cross-appeal is allowed.