Rutter v Brookland Valley Estate Pty Limited [2009] FCA 702

Rutter v Brookland Valley Estate Pty Limited [2009] FCA 702

Brookland Valley Estate Pty Limited infringed the copyright of Jane Elizabeth Rutter in the musical work 'Blo' by reproducing a substantial and essential part of the work on wine labels beyond the licence period, and without her authorisation. The infringement was flagrant and sustained, justifying compensatory and additional damages and interest on compensatory damages. The claim for damages under the Trade Practices Act failed, and no separate relief for moral rights was necessary. The limitation period restricted recovery to infringements after 28 March 2001.

Parties
Applicant: Jane Elizabeth Rutter; First Respondent: Brookland Valley Estate Pty Limited; Second Respondent: JFT (WA) Pty Limited
Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Copyright Infringement Proceeding / Judgment
Outcome
Applicant's claim upheld; cross-claim dismissed.
Legal Topics
Copyright Infringement, Damages, Limitation Period, Interest on Damages, Moral Rights Under Copyright, Celebrity Endorsement, Practice and Procedure
Intellectual Property Copyright Litigation Copyright Infringement Damages Limitation Period Interest on Damages Moral Rights Under Copyright +2 more

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Parties

Jane Elizabeth Rutter

Applicant

Brookland Valley Estate Pty Limited

First Respondent

JFT (WA) Pty Limited

Second Respondent

Procedural Posture

Copyright Infringement Proceeding / Judgment

Legal Issues

  1. 1 Was Ms Rutter's copyright in 'Blo' infringed by the respondents?
  2. 2 What damages are appropriate for the infringement?
  3. 3 Did the limitation period restrict recovery?

Ratio Decidendi

Brookland Valley Estate Pty Limited infringed the copyright of Jane Elizabeth Rutter in the musical work 'Blo' by reproducing a substantial and essential part of the work on wine labels beyond the licence period, and without her authorisation. The infringement was flagrant and sustained, justifying compensatory and additional damages and interest on compensatory damages. The claim for damages under the Trade Practices Act failed, and no separate relief for moral rights was necessary. The limitation period restricted recovery to infringements after 28 March 2001.

Court Disposition

Applicant's claim upheld; cross-claim dismissed.

Orders

  • The first respondent pay to the applicant the sum of $443,377, made up as follows: $208,684 as compensatory damages for breach of copyright; $84,693 as interest upon compensatory damages to the date of judgment; $150,000 as additional damages.
  • The cross-claim is dismissed.