Acohs Pty Ltd v Ucorp Pty Ltd [2010] FCA 577

Acohs Pty Ltd v Ucorp Pty Ltd [2010] FCA 577

The application was dismissed because Acohs failed to establish infringement of copyright. The HTML source code for the MSDSs was not an original literary work of a human author and was not a work of joint authorship. Transcribed MSDSs, customer-authored MSDSs and the Blackwoods Compilation were not original literary works owned by Acohs. MSDSs authored by Acohs staff were original literary works and Ucorp reproduced those listed in Acohs' particulars, but the reproductions were within an implied licence arising from the regulatory framework requiring MSDSs to be readily available and accessible for safety-related purposes.

Jurisdiction
Australia
Judgment Date
10 June 2010
Procedural Posture
Copyright Infringement Proceeding Under the Copyright Act 1968 (cth), With Other Pleaded Claims Not Pursued at Trial / Final Judgment After Trial
Outcome
Application dismissed.
Legal Topics
['original Literary Works' 'computer Generated Source Code' 'material Safety Data Sheets' 'compilations' 'joint Authorship' 'reproduction' 'implied Licence' 'assignment of Copyright']
['intellectual Property' 'copyright' 'occupational Health and Safety'] ['original Literary Works' 'computer Generated Source Code' 'material Safety Data Sheets' 'compilations' 'joint Authorship' 'reproduction' 'implied Licence' 'assignment of Copyright']

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Procedural Posture

Copyright Infringement Proceeding Under the Copyright Act 1968 (cth), With Other Pleaded Claims Not Pursued at Trial / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether HTML source code generated by the Infosafe System for MSDS files was an original literary work authored by a human author or a work of joint authorship.' 'Whether Infosafe MSDSs authored by Acohs staff, transcribed by Acohs staff, or authored by Acohs customers were original literary works or compilations in which Acohs owned copyright.' 'Whether the entity described as the Blackwoods Compilation was an original literary work.' 'Whether Ucorp reproduced the alleged copyright works and whether Bernard Bialkower authorised reproduction.' 'Whether any copyright in MSDSs prepared for certain customers had been assigned by Acohs.' "Whether Ucorp's reproduction of Acohs-authored MSDSs was authorised by an implied licence arising from the regulatory matrix governing Material Safety Data Sheets."]

Ratio Decidendi

The application was dismissed because Acohs failed to establish infringement of copyright. The HTML source code for the MSDSs was not an original literary work of a human author and was not a work of joint authorship. Transcribed MSDSs, customer-authored MSDSs and the Blackwoods Compilation were not original literary works owned by Acohs. MSDSs authored by Acohs staff were original literary works and Ucorp reproduced those listed in Acohs' particulars, but the reproductions were within an implied licence arising from the regulatory framework requiring MSDSs to be readily available and accessible for safety-related purposes.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "Subject to any order as to costs previously made, the applicant pay the respondents' costs, including reserved costs." 'The operation of the previous order be stayed for 21 days, during which period the parties have liberty to apply on the matter of costs.']