Golden Editions Pty Ltd t/as Hughes Leisure Group v Polygram Pty Ltd & Anor [1997] FCA 687

Golden Editions Pty Ltd t/as Hughes Leisure Group v Polygram Pty Ltd & Anor [1997] FCA 687

Conversion damages must be apportioned according to the share of infringing copyright material within mixed products; no additional damages are awarded as the fabrication of a license did not benefit the infringer nor deprive the copyright owners.

Parties
Applicant/cross Respondent: GOLDEN EDITIONS PTY LIMITED trading as HUGHES LEISURE GROUP; First Respondent/first Cross Applicant: POLYGRAM PTY LIMITED; Second Respondent/second Cross Applicant: ISLAND RECORDS LIMITED
Jurisdiction
Australia
Judgment Date
30 July 1997
Procedural Posture
Claim for Damages for Copyright Infringement / Post Liability, Damages Assessment and Directions for Final Orders
Outcome
Conversion damages awarded on apportionment basis; no additional damages awarded; directions for parties to bring in short minutes of order to give effect to judgment.
Legal Topics
Damages, Conversion Damages, Apportionment of Damages, Additional Damages, Interest on Damages
Intellectual Property Copyright Damages Conversion Damages Apportionment of Damages Additional Damages Interest on Damages

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Parties

GOLDEN EDITIONS PTY LIMITED trading as HUGHES LEISURE GROUP

Applicant/cross Respondent

POLYGRAM PTY LIMITED

First Respondent/first Cross Applicant

ISLAND RECORDS LIMITED

Second Respondent/second Cross Applicant

Procedural Posture

Claim for Damages for Copyright Infringement / Post Liability, Damages Assessment and Directions for Final Orders

Legal Issues

  1. 1 How to assess conversion damages where infringing and non-infringing materials are mixed
  2. 2 Whether additional damages should be awarded under s 115(4) of the Copyright Act 1968
  3. 3 Whether interest should be awarded on conversion damages

Ratio Decidendi

Conversion damages must be apportioned according to the share of infringing copyright material within mixed products; no additional damages are awarded as the fabrication of a license did not benefit the infringer nor deprive the copyright owners.

Court Disposition

Conversion damages awarded on apportionment basis; no additional damages awarded; directions for parties to bring in short minutes of order to give effect to judgment.

Orders

  • Respondents to bring in short minutes of order on a date to be fixed to give effect to reasons for judgment.