Sega Enterprises Ltd v Galaxy Electronics Pty Ltd & Anor [1998] FCA 40

Sega Enterprises Ltd v Galaxy Electronics Pty Ltd & Anor [1998] FCA 40

Applying the General Steel summary dismissal principles, it was not unarguable that Articles 2 and 3 of the agreement conferred on Avel a valid exclusive licence to show the films at arcade game spots in Australia other than those managed or operated directly or indirectly by subsidiaries or affiliated companies of the copyright owner. The respondents' motions therefore failed.

Jurisdiction
Australia
Judgment Date
06 February 1998
Procedural Posture
Copyright Infringement Proceedings / Respondents' Motions to Remove the Second Applicant as a Party or Summarily Dismiss Its Claims After Determination of a Separate Question
Outcome
Motions dismissed; costs not determined pending any further submissions.
Legal Topics
['exclusive Licence' 'divisibility of Copyright' 'copyright Infringement' 'cinematograph Films' 'artistic Works' 'strike Out' 'summary Dismissal' 'joinder of Licensee']
['copyright' 'practice and Procedure'] ['exclusive Licence' 'divisibility of Copyright' 'copyright Infringement' 'cinematograph Films' 'artistic Works' 'strike Out' 'summary Dismissal' 'joinder of Licensee']

Case Brief

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Procedural Posture

Copyright Infringement Proceedings / Respondents' Motions to Remove the Second Applicant as a Party or Summarily Dismiss Its Claims After Determination of a Separate Question

Legal Issues

  1. 1 ['Whether Avel Pty Limited should be removed as a party or its claims summarily dismissed on the ground that it was not an exclusive licensee of any copyright right.' 'Whether the agreement between Sega Enterprises Limited and Avel Pty Limited arguably conferred an exclusive licence to show the cinematograph films at arcade game spots in Australia despite a reservation allowing Sega to sell products to subsidiaries and affiliated companies.' 'Whether Avel Pty Limited also had arguable bases to remain in the proceedings by reference to an artistic work licence or as a non-exclusive licensee joined with the copyright owner.']

Ratio Decidendi

Applying the General Steel summary dismissal principles, it was not unarguable that Articles 2 and 3 of the agreement conferred on Avel a valid exclusive licence to show the films at arcade game spots in Australia other than those managed or operated directly or indirectly by subsidiaries or affiliated companies of the copyright owner. The respondents' motions therefore failed.

Court Disposition

Motions dismissed; costs not determined pending any further submissions.

Orders

  • ['The motion be dismissed.']