Telmak Teleproducts Australia Pty Ltd & Ors v Bond International Pty Ltd [1986] FCA 51

Telmak Teleproducts Australia Pty Ltd & Ors v Bond International Pty Ltd [1986] FCA 51

Paragraphs 6(a) and 6(b) of the Amended Statement of Claim are struck out for want of sufficient particulars as to copyright ownership by the second and third applicants; order made to allow applicants to amend and properly particularise. The allegation of copyright infringement in the script by the first applicant is also struck out for lack of originality. The remaining allegation of infringement of copyright in the Australian film, though considered unlikely to succeed in law for want of an exact reproduction, is not struck out as the legal question is of substance and best resolved after full factual hearing.

Parties
First Applicant: Telmak Teleproducts Australia Pty Limited; Second Applicant: Gulf Advertising Inc; Third Applicant: Global Tool Corporation; First Respondent: Bond International Pty Limited; Second Respondent: Country Television Services Limited; Third Respondent: Total Media (Inc) Pty Limited
Jurisdiction
Australia
Judgment Date
17 February 1986
Procedural Posture
Application to Strike Out Portions of Statement of Claim / Interlocutory, Orders on Strike Out Application
Outcome
Certain parts of the Statement of Claim struck out; leave to re-plead; costs orders as specified
Legal Topics
Copyright in Cinematograph Films, Pleading Requirements, Infringement of Copyright, Misleading or Deceptive Conduct
Intellectual Property Trade Practices Copyright in Cinematograph Films Pleading Requirements Infringement of Copyright Misleading or Deceptive Conduct

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Parties

Telmak Teleproducts Australia Pty Limited

First Applicant

Gulf Advertising Inc

Second Applicant

Global Tool Corporation

Third Applicant

Bond International Pty Limited

First Respondent

Country Television Services Limited

Second Respondent

Total Media (Inc) Pty Limited

Third Respondent

Procedural Posture

Application to Strike Out Portions of Statement of Claim / Interlocutory, Orders on Strike Out Application

Legal Issues

  1. 1 Whether applicants have pleaded sufficient particulars of copyright ownership
  2. 2 Whether originality is required for subsistence of copyright in cinematograph film under Copyright Act 1968
  3. 3 What constitutes infringement of copyright in a film under the Act

Ratio Decidendi

Paragraphs 6(a) and 6(b) of the Amended Statement of Claim are struck out for want of sufficient particulars as to copyright ownership by the second and third applicants; order made to allow applicants to amend and properly particularise. The allegation of copyright infringement in the script by the first applicant is also struck out for lack of originality. The remaining allegation of infringement of copyright in the Australian film, though considered unlikely to succeed in law for want of an exact reproduction, is not struck out as the legal question is of substance and best resolved after full factual hearing.

Court Disposition

Certain parts of the Statement of Claim struck out; leave to re-plead; costs orders as specified

Orders

  • Paragraphs 6(a) and 6(b) of the Amended Statement of Claim be struck out.
  • Applicants granted leave to further amend the Statement of Claim within 21 days, but not to add new claims for relief.