Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd [2005] FCAFC 144

Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd [2005] FCAFC 144

By majority (Lindgren and Finkelstein JJ), Seven and Mr Murray were co-owners of the copyright in the Camera Tapes film as tenants in common. Seven granted Mr Murray a non-assignable licence to use the footage for the promotion of Camp Dare (promotional purposes). The licence did not extend to authorising a...

Source-derived case information.

Parties
First Appellant: Seven Network (Operations) Limited; Second Appellant: Channel Seven Sydney Pty Limited; First Respondent: TCN Channel Nine Pty Limited; Second Respondent: NBN Limited; Third Respondent: Brett Murray; Fourth Respondent: D.A.R.E Operations Pty Limited; Fifth Respondent: Look Television Productions Pty Limited; Sixth Respondent: Look Film Productions Pty Limited
Jurisdiction
Australia
Judgment Date
08 August 2005
Procedural Posture
Civil Appeal / Full Court Appeal Decision After Expedited Hearing, With Orders Regarding Injunction and Costs
Outcome
Appeal allowed by majority. Injunction to be granted upon terms to be agreed between parties. Seven awarded costs.
Legal Topics
Ownership of Copyright in Cinematograph Film, Co Ownership and Joint Ventures, Assignment or Licence of Copyright, Contract Interpretation, Scope of Licence Under Copyright Act
Copyright Intellectual Property Contract Ownership of Copyright in Cinematograph Film Co Ownership and Joint Ventures Assignment or Licence of Copyright Contract Interpretation Scope of Licence Under Copyright Act

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Parties

Seven Network (Operations) Limited

First Appellant

Channel Seven Sydney Pty Limited

Second Appellant

TCN Channel Nine Pty Limited

First Respondent

NBN Limited

Second Respondent

Brett Murray

Third Respondent

D.A.R.E Operations Pty Limited

Fourth Respondent

Look Television Productions Pty Limited

Fifth Respondent

Look Film Productions Pty Limited

Sixth Respondent

Procedural Posture

Civil Appeal / Full Court Appeal Decision After Expedited Hearing, With Orders Regarding Injunction and Costs

Legal Issues

  1. 1 Who owned the copyright in the Camera Tapes film?
  2. 2 Was there a contract under which Seven assigned or licensed its copyright interest to Mr Murray?
  3. 3 Was the licence (if any) personal or assignable and what did it permit?

Ratio Decidendi

By majority (Lindgren and Finkelstein JJ), Seven and Mr Murray were co-owners of the copyright in the Camera Tapes film as tenants in common. Seven granted Mr Murray a non-assignable licence to use the footage for the promotion of Camp Dare (promotional purposes). The licence did not extend to authorising a broadcast by a competitor network (Nine), and an assignment of copyright to Mr Murray was not established. Thus, broadcasting the documentary on Nine would infringe copyright. The appeal was allowed, and an injunction should issue to restrain use outside the promotional purposes licence.

Court Disposition

Appeal allowed by majority. Injunction to be granted upon terms to be agreed between parties. Seven awarded costs.

Orders

  • The appeal be stood over to Tuesday, 9 August 2005 at 1.00 pm for the making of orders, including orders as to costs.
  • The parties attempt to agree on the orders to be made consistent with the reasons for judgment, and, failing agreement, submit forms of order and supporting submissions.