Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228
Mr Lal was not the sole copyright owner; Mr Lal and Mr Batra were co-owners by assignment from Pulse Creative under the Confirmatory Deed. Licence granted to respondents was contractual and could not be revoked without just cause; purported acts of revocation were ineffective and not in accordance with licence terms; appeal dismissed as no appealable error was found.
- Jurisdiction
- Australia
- Judgment Date
- 13 December 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['copyright Ownership' 'copyright Licence Revocation' 'assignment of Copyright' 'contractual and Gratuitous Licence' 'co Ownership of Copyright']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether Mr Lal is the sole owner of copyright in the Kaden Boriss logos' 'Whether Mr Lal could unilaterally revoke a jointly granted copyright licence' "Whether the respondents' licence to use the logos was revocable at will" 'Whether the licence was effectively revoked on certain dates']
Ratio Decidendi
Mr Lal was not the sole copyright owner; Mr Lal and Mr Batra were co-owners by assignment from Pulse Creative under the Confirmatory Deed. Licence granted to respondents was contractual and could not be revoked without just cause; purported acts of revocation were ineffective and not in accordance with licence terms; appeal dismissed as no appealable error was found.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' "The appellants pay the respondents' costs of the appeal."]
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