TCN Channel Nine Pty Limited v Network Ten Pty Limited (No 2) [2005] FCAFC 53

TCN Channel Nine Pty Limited v Network Ten Pty Limited (No 2) [2005] FCAFC 53

Copyright in broadcast programmes under the Copyright Act 1968 (Cth) is infringed when a substantial part of the programme is rebroadcast, assessed qualitatively and quantitatively based on its material significance to the programme. Three extracts rebroadcast by Network Ten were deemed substantial parts and thus infringements: Midday (Prime Minister singing), Australia's Most Wanted (re-enactment), and Pick Your Face (Kerri-Anne Kennerley). Other extracts were insubstantial and did not infringe Nine's copyright.

Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia, Full Court
Outcome
Appeal allowed in part
Legal Topics
['copyright Infringement' 'television Broadcast Copyright' 'substantial Part Test' 'copyright Act 1968 (cth) Part Iv' 'qualitative Vs Quantitative Assessment']
['intellectual Property' 'copyright'] ['copyright Infringement' 'television Broadcast Copyright' 'substantial Part Test' 'copyright Act 1968 (cth) Part Iv' 'qualitative Vs Quantitative Assessment']

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Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia, Full Court

Legal Issues

  1. 1 ["Whether extracts rebroadcast by Network Ten infringed Nine's copyright in television broadcasts under the Copyright Act 1968 (Cth)" "Whether the extracts constituted a 'substantial part' of Nine's programmes" 'Proper approach to the substantiality test for broadcast copyright under Australian law']

Ratio Decidendi

Copyright in broadcast programmes under the Copyright Act 1968 (Cth) is infringed when a substantial part of the programme is rebroadcast, assessed qualitatively and quantitatively based on its material significance to the programme. Three extracts rebroadcast by Network Ten were deemed substantial parts and thus infringements: Midday (Prime Minister singing), Australia's Most Wanted (re-enactment), and Pick Your Face (Kerri-Anne Kennerley). Other extracts were insubstantial and did not infringe Nine's copyright.

Court Disposition

Appeal allowed in part

Orders

  • ['The appeal be allowed in part.' "The respondent pay two thirds of the appellants' costs of that part of the appeal disposed of on 22 May 2002 and the part hereby disposed of." "Declaration that the respondent infringed the appellants' broadcast copyright in relation to the following extracts: The Inaugural Allan...