Robinson v Sands and McDougall Pty Ltd [1916] HCA 51

Robinson v Sands and McDougall Pty Ltd [1916] HCA 51

The plaintiff's map was not a mere copy, but an original compilation entitled to copyright under the Copyright Acts. The defendants copied substantial parts of the map, amounting to an infringement. The defendants saw the plaintiff's name on the map, and did not prove lack of reasonable ground for suspecting copyright existed, so could not rely on exemption from liability under sec. 8.

Parties
Plaintiff: Herbert Edward Robinson; Defendant: Sands & McDougall Proprietary Limited
Jurisdiction
Australia
Judgment Date
14 September 1916
Procedural Posture
Copyright Infringement Action / Judgment After Hearing
Outcome
Judgment for the plaintiff.
Legal Topics
Copyright, Originality, Maps, Damages, Remedies, Evidence
Intellectual Property Law Copyright Originality Maps Damages Remedies Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Herbert Edward Robinson

Plaintiff

Sands & McDougall Proprietary Limited

Defendant

Procedural Posture

Copyright Infringement Action / Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff's map is an 'original literary work' entitled to copyright under Copyright Act 1911 and Copyright Act 1912.
  2. 2 Whether the defendants infringed the plaintiff's copyright by producing maps copied from the plaintiff's work.
  3. 3 Whether the defendants were exempt from liability to pay damages under sec. 8 of the Copyright Act 1911 due to lack of knowledge of copyright subsistence.

Ratio Decidendi

The plaintiff's map was not a mere copy, but an original compilation entitled to copyright under the Copyright Acts. The defendants copied substantial parts of the map, amounting to an infringement. The defendants saw the plaintiff's name on the map, and did not prove lack of reasonable ground for suspecting copyright existed, so could not rely on exemption from liability under sec. 8.

Court Disposition

Judgment for the plaintiff.

Orders

  • An injunction granted against the defendants.
  • Order for delivery up of all copies of infringing maps.