LED Builders Pty Ltd v Eagle Homes Pty Ltd [1996] FCA 633

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1996] FCA 633

The Court held that the five relevant pairs of plans depicted the same design in substance and were so similar that the real issue was copying. Although there was no direct tracing of LED's plans, Eagle's evidence of independent development was unreliable, Eagle's director had opportunity and motive to examine LED's designs, and the draftsmen's evidence showed that changes were made on his instructions. Those instructions, though principally oral, were intended and implemented to bring Eagle's plans into line with LED's plans. This established a causal connection, substantial reproduction of LED's designs, and deliberate copying by Eagle.

Jurisdiction
Australia
Judgment Date
29 July 1996
Procedural Posture
Copyright Infringement Proceedings Concerning Builders' Plans Under the Copyright Act 1968 (cth) / Reasons for Judgment on Liability; Relief Other Than Injunctions Set Aside for Further Hearing; Two Proceedings Heard Together
Outcome
LED succeeded on liability with respect to the specified drawings, and deliberate copying was established. Further issues, including relief other than injunctions and any disputed remaining drawings or injunction terms, were left for further hearing if not agreed.
Legal Topics
["builders' Plans as Artistic Works" 'reproduction of a Substantial Part' 'indirect Copying' 'objective Similarity' 'causal Connection' 'deliberate Infringement']
['copyright Law' 'intellectual Property'] ["builders' Plans as Artistic Works" 'reproduction of a Substantial Part' 'indirect Copying' 'objective Similarity' 'causal Connection' 'deliberate Infringement']

Case Brief

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Procedural Posture

Copyright Infringement Proceedings Concerning Builders' Plans Under the Copyright Act 1968 (cth) / Reasons for Judgment on Liability; Relief Other Than Injunctions Set Aside for Further Hearing; Two Proceedings Heard Together

Legal Issues

  1. 1 ["Whether Eagle's drawings, brochures or houses reproduced a substantial part of LED's copyright drawings." "Whether the similarities between the parties' house plans supported an inference of copying rather than independent development." "Whether any copying was indirect copying caused by instructions given by Eagle's director to draftsmen." 'Whether any infringement was deliberate.']

Ratio Decidendi

The Court held that the five relevant pairs of plans depicted the same design in substance and were so similar that the real issue was copying. Although there was no direct tracing of LED's plans, Eagle's evidence of independent development was unreliable, Eagle's director had opportunity and motive to examine LED's designs, and the draftsmen's evidence showed that changes were made on his instructions. Those instructions, though principally oral, were intended and implemented to bring Eagle's plans into line with LED's plans. This established a causal connection, substantial reproduction of LED's designs, and deliberate copying by Eagle.

Court Disposition

LED succeeded on liability with respect to the specified drawings, and deliberate copying was established. Further issues, including relief other than injunctions and any disputed remaining drawings or injunction terms, were left for further hearing if not agreed.

Orders

  • ['Counsel bring in within 14 days minutes of the orders which they propose.']