WEA International Inc. & Anor v Hanimex Corporation Ltd [1987] FCA 571

WEA International Inc. & Anor v Hanimex Corporation Ltd [1987] FCA 571

There was no evidence that the advertisements had resulted in any act of copyright infringement, and without a completed act there can be no liability for authorization under the Copyright Act. Nor did the absence of a warning render the advertisements misleading or deceptive under s.52 of the Trade Practices Act, as any potential prejudice was mitigated by existing copyright warnings and lack of evidence regarding the attitudes of the relevant public.

Parties
First Applicant: WEA International Inc.; Second Applicant: WEA Music Pty. Ltd.; Respondent: Hanimex Corporation Ltd.
Jurisdiction
Australia
Judgment Date
26 October 1987
Procedural Posture
Application / Final Judgment – Dismissal of Application
Outcome
Application dismissed
Legal Topics
Advertising, Authorization, Copyright Infringement, Misleading or Deceptive Conduct, Failure to Warn
Copyright Trade Practices Advertising Authorization Copyright Infringement Misleading or Deceptive Conduct Failure to Warn

Case Brief

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Parties

WEA International Inc.

First Applicant

WEA Music Pty. Ltd.

Second Applicant

Hanimex Corporation Ltd.

Respondent

Procedural Posture

Application / Final Judgment – Dismissal of Application

Legal Issues

  1. 1 Whether radio advertisements constituted authorization of copyright infringement under the Copyright Act 1968
  2. 2 Whether advertisements were misleading or deceptive for purposes of s.52 Trade Practices Act 1974 due to the absence of warning about copyright infringement
  3. 3 Whether a copyright infringement can occur by authorization without any completed act of primary infringement

Ratio Decidendi

There was no evidence that the advertisements had resulted in any act of copyright infringement, and without a completed act there can be no liability for authorization under the Copyright Act. Nor did the absence of a warning render the advertisements misleading or deceptive under s.52 of the Trade Practices Act, as any potential prejudice was mitigated by existing copyright warnings and lack of evidence regarding the attitudes of the relevant public.

Court Disposition

Application dismissed

Orders

  • The Application be dismissed.
  • The Applicants pay the costs of the Respondent.