Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535

Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535

Glass Candy's Warm in the Winter knowingly reproduced a substantial and original part of Love is in the Air (the sung lyric 'love is in the air' and melody), infringing copyright. However, copyright infringement claims founded on streaming/downloading from platforms licensed by APRA/AMCOS fail due to express authorisation. Downloading from the IDIB and Big Cartel websites without licence infringed the reproduction right; Boomerang and AMCOS have standing to sue for those acts only. Moral rights claim fails due to territoriality. Claims against Kobalt fail. APRA entitled to injunction for Air France's use of France as telephone hold music, but no damages. Damages for infringements found...

Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Civil / Liability Judgment; Interlocutory Orders; Hearing Reserved for Damages and Costs
Outcome
Copyright infringement established against Glass Candy and Air France as specified; claims otherwise dismissed; further hearing ordered for quantum and costs; injunctions granted as indicated.
Legal Topics
['copyright Infringement' 'musical Works' 'literary Works' 'moral Rights' 'contracts' 'damages' 'evidence' 'practice and Procedure']
['intellectual Property'] ['copyright Infringement' 'musical Works' 'literary Works' 'moral Rights' 'contracts' 'damages' 'evidence' 'practice and Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Liability Judgment; Interlocutory Orders; Hearing Reserved for Damages and Costs

Legal Issues

  1. 1 ['Whether Warm in the Winter and France is in the Air infringed copyright in Love is in the Air (musical and literary works)' "Originality and substantiality of the sung lyric 'love is in the air' and melody" 'Causal connection between works and process of creation' 'Whether acts of streaming and downloading constitute copyright infringement' 'Standing to sue for various copyright rights' 'Moral rights infringement' 'Entitlement to damages including additional damages']

Ratio Decidendi

Glass Candy's Warm in the Winter knowingly reproduced a substantial and original part of Love is in the Air (the sung lyric 'love is in the air' and melody), infringing copyright. However, copyright infringement claims founded on streaming/downloading from platforms licensed by APRA/AMCOS fail due to express authorisation. Downloading from the IDIB and Big Cartel websites without licence infringed the reproduction right; Boomerang and AMCOS have standing to sue for those acts only. Moral rights claim fails due to territoriality. Claims against Kobalt fail. APRA entitled to injunction for Air France's use of France as telephone hold music, but no damages. Damages for infringements found...

Court Disposition

Copyright infringement established against Glass Candy and Air France as specified; claims otherwise dismissed; further hearing ordered for quantum and costs; injunctions granted as indicated.

Orders

  • ['Parties to bring in short minutes of order to give effect to reasons within 14 days.' 'Matter listed for case management hearing on Friday 8 May 2020 at 9.30 am.' 'AMCOS and Boomerang entitled to injunction restraining Glass Candy/IDIB from authorising further digital downloads of Warm in Australia.' 'Boomerang...