Burge v Swarbrick [2007] HCA 17

Burge v Swarbrick [2007] HCA 17

The Plug and hull and deck mouldings of the JS 9000 yacht are not works of artistic craftsmanship because their design was predominately dictated by functional and utilitarian considerations with only limited scope for artistic expression. Therefore, copyright protection is excluded by s 77 of the Copyright Act 1968...

Source-derived case information.

Parties
Appellant: Brent Burge & Ors; Respondent: John Harley Swarbrick
Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Appeal / Final Appeal Judgment in the High Court of Australia
Outcome
Appeal allowed
Legal Topics
Copyright, Artistic Works, Artistic Craftsmanship, Designs Law, Overlap Between Copyright and Design, Industrial Designs
Intellectual Property Law Copyright Artistic Works Artistic Craftsmanship Designs Law Overlap Between Copyright and Design Industrial Designs

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Parties

Brent Burge & Ors

Appellant

John Harley Swarbrick

Respondent

Procedural Posture

Appeal / Final Appeal Judgment in the High Court of Australia

Legal Issues

  1. 1 Whether the Plug and hull and deck mouldings of the JS 9000 yacht are 'works of artistic craftsmanship' under the Copyright Act 1968 (Cth)
  2. 2 Whether copyright protection is excluded by design law where a corresponding design has been applied industrially and not registered
  3. 3 Relevance of aesthetic appeal, functional constraints, and machine production in determining 'artistic craftsmanship'

Ratio Decidendi

The Plug and hull and deck mouldings of the JS 9000 yacht are not works of artistic craftsmanship because their design was predominately dictated by functional and utilitarian considerations with only limited scope for artistic expression. Therefore, copyright protection is excluded by s 77 of the Copyright Act 1968 (Cth) when such unregistered 'corresponding designs' are applied industrially.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs.
  • Orders of the Full Court of the Federal Court of Australia set aside; in their place, the appeal to that Court is allowed with costs.