Schott Musik International GmbH & Co & Ors v Colossal Records of Australia Pty Ltd & Ors [1997] FCA 531

Schott Musik International GmbH & Co & Ors v Colossal Records of Australia Pty Ltd & Ors [1997] FCA 531

An adaptation of a musical work debases the original under s 55(2) only where it so lacks integrity or quality as to degrade the original work; mere difference, inferiority, or distasteful style is insufficient. The techno remixes at issue did not debase the original 'O Fortuna' chorus as they retained their own integrity and did not degrade the original work.

Parties
First Appellant: Schott Musik International GmbH & Co; Second Appellant: Boosey & Hawkes (Australia) Pty Limited; Third Appellant: Australasian Mechanical Copyright Owners Society Limited; First Respondent: Colossal Records of Australia Pty Limited; Second Respondent: Dominico Loprete; Third Respondent: Salvatore Loprete
Jurisdiction
Australia
Judgment Date
19 June 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Copyright, Adaptation of Musical Works, Compulsory Licence, Statutory Interpretation
Intellectual Property Copyright Adaptation of Musical Works Compulsory Licence Statutory Interpretation

Case Brief

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Parties

Schott Musik International GmbH & Co

First Appellant

Boosey & Hawkes (Australia) Pty Limited

Second Appellant

Australasian Mechanical Copyright Owners Society Limited

Third Appellant

Colossal Records of Australia Pty Limited

First Respondent

Dominico Loprete

Second Respondent

Salvatore Loprete

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether remixed tracks of a musical work which represent a record of an adaptation 'debase' the work within the meaning of s 55(2) of the Copyright Act 1968 (Cth) and thus infringe copyright

Ratio Decidendi

An adaptation of a musical work debases the original under s 55(2) only where it so lacks integrity or quality as to degrade the original work; mere difference, inferiority, or distasteful style is insufficient. The techno remixes at issue did not debase the original 'O Fortuna' chorus as they retained their own integrity and did not degrade the original work.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondents' costs of the appeal.