Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd [2008] FCAFC 46

Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd [2008] FCAFC 46

The Metricon parties infringed copyright by copying the alfresco quadrant of the Barrett Parties' house designs, constituting a substantial part of the original artistic work under s 14(1) of the Copyright Act 1968 (Cth); authorisation was established against the individual appellants, and the appeal was dismissed.

Parties
First Appellant: Metricon Homes Pty Ltd (ACN 005 108 752); Second Appellant: Ross Palazzesi; Third Appellant: Adrian Graham Popple; First Respondent: Barrett Property Group Pty Ltd (ACN 088 015 267); Second Respondent: SRS Property Holdings Pty Ltd (ACN 096 513 218)
Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Appeal / Full Court Appeal From Interlocutory Judgment
Outcome
Appeal dismissed
Legal Topics
Copyright, Infringement, Substantial Part, Plans and Artistic Works, Authorisation
Intellectual Property Law Copyright Infringement Substantial Part Plans and Artistic Works Authorisation

Case Brief

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Parties

Metricon Homes Pty Ltd (ACN 005 108 752)

First Appellant

Ross Palazzesi

Second Appellant

Adrian Graham Popple

Third Appellant

Barrett Property Group Pty Ltd (ACN 088 015 267)

First Respondent

SRS Property Holdings Pty Ltd (ACN 096 513 218)

Second Respondent

Procedural Posture

Appeal / Full Court Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether the 'alfresco quadrant' of the house designs constitutes a substantial part under s 14(1) of the Copyright Act 1968 (Cth)
  2. 2 Whether the secondary plans and houses reproduced a substantial part of the Copyright Works
  3. 3 Whether authorisation of the infringing acts was established against individual appellants

Ratio Decidendi

The Metricon parties infringed copyright by copying the alfresco quadrant of the Barrett Parties' house designs, constituting a substantial part of the original artistic work under s 14(1) of the Copyright Act 1968 (Cth); authorisation was established against the individual appellants, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

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