Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2009] FCA 799

Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2009] FCA 799

Evidence does not establish that copyright was assigned to Victorian Girl Guides under the competition rules in 1934, as requirements for written assignment and clear intention are not met; subsequent assignments and confirmation deeds from Public Trustee and Libraries Board are effective to vest copyright in Larrikin; as between parties, Larrikin is copyright owner from 21 March 1990.

Parties
Applicant: Larrikin Music Publishing Pty Ltd; Third Respondent: EMI Songs Australia Pty Limited; Fourth Respondent: EMI Music Publishing Australia Pty Limited; Fifth Respondent: Colin James Hay; Sixth Respondent: Ronald Graham Strykert
Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Copyright Infringement Proceeding / Preliminary Question of Copyright Ownership
Outcome
Preliminary question answered in favour of applicant; as between parties, Larrikin is owner of copyright in 'Kookaburra' effective from 21 March 1990.
Legal Topics
Copyright Ownership, Assignment of Copyright, Evidence of Intention, Statutory Requirements for Assignment
Intellectual Property Copyright Ownership Assignment of Copyright Evidence of Intention Statutory Requirements for Assignment

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Parties

Larrikin Music Publishing Pty Ltd

Applicant

EMI Songs Australia Pty Limited

Third Respondent

EMI Music Publishing Australia Pty Limited

Fourth Respondent

Colin James Hay

Fifth Respondent

Ronald Graham Strykert

Sixth Respondent

Procedural Posture

Copyright Infringement Proceeding / Preliminary Question of Copyright Ownership

Legal Issues

  1. 1 Whether copyright in 'Kookaburra' was assigned to Victorian Girl Guides in 1934
  2. 2 Whether subsequent assignments from Public Trustee and Libraries Board to Larrikin were effective
  3. 3 Whether rules of competition and entry satisfied statutory requirements for assignment

Ratio Decidendi

Evidence does not establish that copyright was assigned to Victorian Girl Guides under the competition rules in 1934, as requirements for written assignment and clear intention are not met; subsequent assignments and confirmation deeds from Public Trustee and Libraries Board are effective to vest copyright in Larrikin; as between parties, Larrikin is copyright owner from 21 March 1990.

Court Disposition

Preliminary question answered in favour of applicant; as between parties, Larrikin is owner of copyright in 'Kookaburra' effective from 21 March 1990.

Orders

  • The preliminary question be answered 'Yes' as between the parties to these proceedings.