Holder, Raymond v Searle, Bradley William (No 4) [1997] FCA 1165

Holder, Raymond v Searle, Bradley William (No 4) [1997] FCA 1165

Mr Grossman is not shown to be a person within s 171(1)(a) of the Evidence Act, thus the affidavit is inadmissible. Registration of copyright in the United States is irrelevant to the issue of copyright subsistence under the Copyright Act 1968 (Cth).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 September 1997
Procedural Posture
Criminal Prosecution / Ruling on Admissibility of Evidence
Outcome
Objection to admissibility upheld; affidavit evidence struck out.
Legal Topics
['admissibility of Business Records' 'proof of Copyright Ownership' 'relevance of US Copyright Registration']
['evidence Law' 'copyright Law'] ['admissibility of Business Records' 'proof of Copyright Ownership' 'relevance of US Copyright Registration']

Source-derived case record

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

Criminal Prosecution / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether Mr J M Grossman's affidavit is admissible as evidence of TriStar's business records regarding copyright ownership of five films." 'Whether registration of copyright in the United States is relevant to proof of copyright under the Copyright Act 1968 (Cth).']

Ratio Decidendi

Mr Grossman is not shown to be a person within s 171(1)(a) of the Evidence Act, thus the affidavit is inadmissible. Registration of copyright in the United States is irrelevant to the issue of copyright subsistence under the Copyright Act 1968 (Cth).

Court Disposition

Objection to admissibility upheld; affidavit evidence struck out.

Orders

  • ["Objection to admissibility of Mr J M Grossman's affidavit upheld." "Contents of Mr J M Grossman's affidavit are struck out from 'Having searched TriStar's records' in paragraph 8 to the conclusion of paragraph 8.26."]