Sega Enterprises Ltd & Anor v Galaxy Electronics Pty Ltd [1996] FCA 761

Sega Enterprises Ltd & Anor v Galaxy Electronics Pty Ltd [1996] FCA 761

Computer-generated video games such as Virtua Cop, whose program stores all the necessary data for predetermined but variable visual images, constitute cinematograph films under s.10(1) and s.24 of the Copyright Act 1968, as the aggregate of visual images is 'embodied' in an article or thing capable of being shown as a moving picture regardless of the specific technology or absence of a traditional frame-based film.

Parties
First Applicant: SEGA ENTERPRISES LIMITED; Second Applicant: AVEL PTY LIMITED; Respondent: GALAXY ELECTRONICS PTY LIMITED; Respondent: GOTTLIEB ELECTRONICS PTY LIMITED
Jurisdiction
Australia
Judgment Date
28 August 1996
Procedural Posture
Proceedings by Separate Question / Determination of Separate Question Before Trial
Outcome
Applicants entitled to succeed on the separate question; costs ordered against respondents.
Legal Topics
Copyright, Cinematograph Films, Computer Generated Images, Video Games, Statutory Interpretation
Intellectual Property Law Copyright Cinematograph Films Computer Generated Images Video Games Statutory Interpretation

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Parties

SEGA ENTERPRISES LIMITED

First Applicant

AVEL PTY LIMITED

Second Applicant

GALAXY ELECTRONICS PTY LIMITED

Respondent

GOTTLIEB ELECTRONICS PTY LIMITED

Respondent

Procedural Posture

Proceedings by Separate Question / Determination of Separate Question Before Trial

Legal Issues

  1. 1 Whether computer-generated images in video games constitute 'cinematograph films' under s.10(1) of the Copyright Act 1968 as amplified by s.24
  2. 2 Meaning and scope of the word 'embodied' in the context of image storage and reproduction in new technologies

Ratio Decidendi

Computer-generated video games such as Virtua Cop, whose program stores all the necessary data for predetermined but variable visual images, constitute cinematograph films under s.10(1) and s.24 of the Copyright Act 1968, as the aggregate of visual images is 'embodied' in an article or thing capable of being shown as a moving picture regardless of the specific technology or absence of a traditional frame-based film.

Court Disposition

Applicants entitled to succeed on the separate question; costs ordered against respondents.

Orders

  • Applicants to bring in, on a date to be fixed, short minutes of orders appropriate pursuant to the reasons of the Court.
  • Respondents to pay the costs of the determination of the separate question.