Tucker, Barry John v Bentley, Donald Andrew & Ors [1996] FCA 1141

Tucker, Barry John v Bentley, Donald Andrew & Ors [1996] FCA 1141

The Court found that Mr Tucker authored the sketch and that copyright subsisted in it, but any copyright in work drawn by him in the course of employment belonged to BJ & SF Tucker Homes Pty Ltd under sub-s 35(6) of the Copyright Act 1968 (Cth), with no evidence of assignment to Mr Tucker. The Hallam Street Plans were a distinct artistic work authored by Mr Bentley, and there was insufficient evidence that the "Chesterfield" plans or construction substantially reproduced the sketch or that the second and third respondents were responsible for the alleged infringement. The evidence did not support implied contractual terms giving Mr Tucker an exclusive right over the Hallam Street Plans or...

Jurisdiction
Australia
Judgment Date
20 December 1996
Procedural Posture
Copyright Infringement Proceeding With Cross Claim / Reasons for Judgment After Trial; Matter Adjourned Sine Die With Liberty to Relist
Outcome
Matter adjourned sine die with liberty to relist; the Court indicated that Mr Tucker would obtain only a limited declaration of copyright in the sketch and that Mr Bentley would obtain a declaration of copyright in the Hallam Street Plans, with other substantive relief refused, but judgment was not entered at that...
Legal Topics
['copyright in House Sketches and Plans' 'ownership of Copyright in Commissioned Plans' 'employee Created Works' 'substantial Reproduction' 'implied Contractual Terms' 'exclusive Licence']
['copyright' 'contract'] ['copyright in House Sketches and Plans' 'ownership of Copyright in Commissioned Plans' 'employee Created Works' 'substantial Reproduction' 'implied Contractual Terms' 'exclusive Licence']

Case Brief

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Procedural Posture

Copyright Infringement Proceeding With Cross Claim / Reasons for Judgment After Trial; Matter Adjourned Sine Die With Liberty to Relist

Legal Issues

  1. 1 ['Whether Mr Tucker owned copyright in the sketch for the design of the house on Lot 37 Hallam Street.' 'Whether the Hallam Street Plans prepared by Mr Bentley infringed or were derived from the sketch in a way that entitled Mr Tucker to relief.' 'Whether the advertisements and construction of the "Chesterfield" infringed copyright in the sketch.' "Whether contractual terms should be implied restricting Mr Bentley's use of the Hallam Street Plans or giving Mr Tucker an exclusive right or licence." 'Whether Mr Bentley owned copyright in the Hallam Street Plans and whether Mr Tucker or Tucker Homes infringed that copyright by using the plans for another house.']

Ratio Decidendi

The Court found that Mr Tucker authored the sketch and that copyright subsisted in it, but any copyright in work drawn by him in the course of employment belonged to BJ & SF Tucker Homes Pty Ltd under sub-s 35(6) of the Copyright Act 1968 (Cth), with no evidence of assignment to Mr Tucker. The Hallam Street Plans were a distinct artistic work authored by Mr Bentley, and there was insufficient evidence that the "Chesterfield" plans or construction substantially reproduced the sketch or that the second and third respondents were responsible for the alleged infringement. The evidence did not support implied contractual terms giving Mr Tucker an exclusive right over the Hallam Street Plans or...

Court Disposition

Matter adjourned sine die with liberty to relist; the Court indicated that Mr Tucker would obtain only a limited declaration of copyright in the sketch and that Mr Bentley would obtain a declaration of copyright in the Hallam Street Plans, with other substantive relief refused, but judgment was not entered at that...

Orders

  • ['The matter be adjourned sine die with liberty to any party to relist the matter on seven days notice.']