Haddad v Foxtel Management Pty Ltd [2008] FCAFC 11

Haddad v Foxtel Management Pty Ltd [2008] FCAFC 11

The provision of Foxtel's broadcasts to complimentary account holders, employees, and selected charitable institutions does not amount to communication to 'the general public', nor does it vitiate the status of Foxtel's broadcasts as 'encoded broadcasts' for purposes of the Copyright Act. Such specially selected recipients do not constitute the public and the statutory requirement that broadcasts be available only to authorised persons on payment of subscription fees is satisfied; the appeal is therefore dismissed.

Parties
Appellant: Fouad Haddad (also known as Phillip Haddad); First Respondent: Foxtel Management Pty Ltd; Second Respondent: Foxtel Cable Television Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Copyright, Broadcasting, Subscription Television, Interpretation of 'encoded Broadcast', Smartcard Piracy
Intellectual Property Law Copyright Broadcasting Subscription Television Interpretation of 'encoded Broadcast' Smartcard Piracy

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Parties

Fouad Haddad (also known as Phillip Haddad)

Appellant

Foxtel Management Pty Ltd

First Respondent

Foxtel Cable Television Pty Ltd

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether Foxtel made an 'encoded broadcast' within the meaning of s 135AL of the Copyright Act 1968 (Cth)
  2. 2 Whether provision of complimentary access to certain individuals or institutions means Foxtel broadcasts are available to the 'general public' for purposes of the legislation

Ratio Decidendi

The provision of Foxtel's broadcasts to complimentary account holders, employees, and selected charitable institutions does not amount to communication to 'the general public', nor does it vitiate the status of Foxtel's broadcasts as 'encoded broadcasts' for purposes of the Copyright Act. Such specially selected recipients do not constitute the public and the statutory requirement that broadcasts be available only to authorised persons on payment of subscription fees is satisfied; the appeal is therefore dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.