Galaxy Electronics Pty Ltd v Sega Enterprises Ltd & Anor Gottlieb Enterprises Pty Ltd v Sega Enterprises Ltd & Anor [1997] FCA 403

Galaxy Electronics Pty Ltd v Sega Enterprises Ltd & Anor Gottlieb Enterprises Pty Ltd v Sega Enterprises Ltd & Anor [1997] FCA 403

Video games whose visual images are generated in real time by computer programs, but are limited to a pre-determined set of images and sequences conceptualised by the designers and embodied (within the meaning of s 24) in the integrated circuits, constitute 'cinematograph films' under s 10 of the Copyright Act 1968. As such, they attract copyright protection under Part IV. The definition does not require images to be fixed as traditional frames, nor that they exist in two-dimensional form prior to display; it is sufficient that the aggregate of visual images is embodied in such a way that it is capable of being shown as a moving picture by use of the article or thing.

Parties
Appellant: Galaxy Electronics Pty Limited; Appellant: Gottlieb Electronics Pty Limited; First Respondent: Sega Enterprises Limited; Second Respondent: Avel Pty Limited
Jurisdiction
Australia
Judgment Date
23 May 1997
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Copyright, Computer Programs, Cinematograph Film, Parallel Importation, Circuit Layouts, Integrated Circuits
Intellectual Property Copyright Computer Programs Cinematograph Film Parallel Importation Circuit Layouts Integrated Circuits

Case Brief

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Parties

Galaxy Electronics Pty Limited

Appellant

Gottlieb Electronics Pty Limited

Appellant

Sega Enterprises Limited

First Respondent

Avel Pty Limited

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether computer-generated moving images constitute a 'cinematograph film' under s 10 Copyright Act 1968
  2. 2 Whether the visual images are 'embodied' in an integrated circuit
  3. 3 Whether a video game's moving images attract copyright under Part IV of the Act

Ratio Decidendi

Video games whose visual images are generated in real time by computer programs, but are limited to a pre-determined set of images and sequences conceptualised by the designers and embodied (within the meaning of s 24) in the integrated circuits, constitute 'cinematograph films' under s 10 of the Copyright Act 1968. As such, they attract copyright protection under Part IV. The definition does not require images to be fixed as traditional frames, nor that they exist in two-dimensional form prior to display; it is sufficient that the aggregate of visual images is embodied in such a way that it is capable of being shown as a moving picture by use of the article or thing.

Court Disposition

Appeals dismissed

Orders

  • The appeal be dismissed (in both proceedings).
  • The appellant pay the respondents' costs (in both proceedings).