Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375

Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375

The respondent deliberately copied the al fresco quadrant, a substantial and original part of the applicants' house designs, from the Seattle plan. The similarities in sequence, shape, configuration, and placement of rooms under a single roofline constitute reproduction of a substantial part. Deliberate copying, confirmed by untruthful evidence regarding derivation, and sufficient objective similarity meet the requirements for copyright infringement.

Parties
First Applicant: Barrett Property Group Pty Ltd; Second Applicant: SRS Property Holdings Pty Ltd; Respondent: Carlisle Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Copyright Infringement Proceeding / Judgment After Trial
Outcome
Applicants succeeded; respondent found liable for copyright infringement
Legal Topics
Copyright Subsistence, Copyright Infringement, Originality of Design, Substantial Part, Objective Similarity
Intellectual Property Law Copyright Law Copyright Subsistence Copyright Infringement Originality of Design Substantial Part Objective Similarity

Case Brief

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Parties

Barrett Property Group Pty Ltd

First Applicant

SRS Property Holdings Pty Ltd

Second Applicant

Carlisle Homes Pty Ltd

Respondent

Procedural Posture

Copyright Infringement Proceeding / Judgment After Trial

Legal Issues

  1. 1 Whether copyright subsists in the 'al fresco quadrant' of house plans and houses
  2. 2 Whether the respondent copied a substantial part of the applicants' house designs
  3. 3 Whether the copied part is a substantial part of the applicants' copyright works

Ratio Decidendi

The respondent deliberately copied the al fresco quadrant, a substantial and original part of the applicants' house designs, from the Seattle plan. The similarities in sequence, shape, configuration, and placement of rooms under a single roofline constitute reproduction of a substantial part. Deliberate copying, confirmed by untruthful evidence regarding derivation, and sufficient objective similarity meet the requirements for copyright infringement.

Court Disposition

Applicants succeeded; respondent found liable for copyright infringement

Orders

  • The parties bring in minutes of orders to give effect to these reasons