TVBO Production Limited v Australia Sky Net Pty Limited [2009] FCA 1132

TVBO Production Limited v Australia Sky Net Pty Limited [2009] FCA 1132

The fourth respondent, by transmitting Episode 5 of Twin of Brothers via satellite to subscribers in Australia without licence, electronically communicated the film to the public in Australia, thereby infringing the first applicant's copyright. The second respondent as Chairman of the fourth respondent authorised the infringement.

Jurisdiction
Australia
Judgment Date
07 October 2009
Procedural Posture
Intellectual Property / Copyright Infringement / Final Liability Hearing, Interlocutory Orders and Declarations
Outcome
Declaratory relief and interlocutory injunctions granted against second and fourth respondents; costs awarded against them; proceeding stood over for further directions.
Legal Topics
['copyright Infringement' 'authorisation Liability' 'transmission of Copyright Works' 'restraint of Unauthorised Communication' 'international Copyright Protection']
['copyright Law' 'practice and Procedure'] ['copyright Infringement' 'authorisation Liability' 'transmission of Copyright Works' 'restraint of Unauthorised Communication' 'international Copyright Protection']

Case Brief

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Procedural Posture

Intellectual Property / Copyright Infringement / Final Liability Hearing, Interlocutory Orders and Declarations

Legal Issues

  1. 1 ["Whether the fourth respondent infringed the first applicant's copyright in Episode 5 of 'Twin of Brothers' by electronic transmission in Australia" 'Whether the second respondent authorised or participated in the infringement' 'Whether the applicants are entitled to declaratory and injunctive relief against the second and fourth respondents']

Ratio Decidendi

The fourth respondent, by transmitting Episode 5 of Twin of Brothers via satellite to subscribers in Australia without licence, electronically communicated the film to the public in Australia, thereby infringing the first applicant's copyright. The second respondent as Chairman of the fourth respondent authorised the infringement.

Court Disposition

Declaratory relief and interlocutory injunctions granted against second and fourth respondents; costs awarded against them; proceeding stood over for further directions.

Orders

  • ["Declaration of infringement by fourth respondent of Episode 5 of 'Twin of Brothers' by communication to public in Australia." "Injunction restraining fourth respondent from communicating any episode of 'Twin of Brothers' series to public in Australia without licence." 'Injunction restraining fourth respondent from...