International Writing Institute Inc v Rimila Pty Ltd & Anor [1995] FCA 324
The royalties paid by franchisees were not simply for the infringing material but also for other services and rights provided under the franchise agreement; hence, only the sums paid at supply reflected the market value for conversion damages. There was no evidence sufficient to apportion any part of the royalty to the material, so the assessment by the trial judge stood.
- Jurisdiction
- Australia
- Judgment Date
- 24 May 1995
- Procedural Posture
- Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['copyright' 'damages Assessment' 'conversion' 'franchise Agreements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Legal Issues
- 1 ['Assessment of conversion damages for copyright infringement under s 116(2) Copyright Act 1968' "Whether 'royalty' payments by franchisees should be included in the market value for conversion damages" 'Timing of conversion in sale of infringing material']
Ratio Decidendi
The royalties paid by franchisees were not simply for the infringing material but also for other services and rights provided under the franchise agreement; hence, only the sums paid at supply reflected the market value for conversion damages. There was no evidence sufficient to apportion any part of the royalty to the material, so the assessment by the trial judge stood.
Court Disposition
Appeal dismissed with costs.
Orders
- ['The appeal be dismissed.' "The appellant pay the respondents' costs of and incidental to the appeal."]
Full Case Text
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