Network Ten Pty Limited v TCN Channel Nine Pty Limited [2004] HCA 14

Network Ten Pty Limited v TCN Channel Nine Pty Limited [2004] HCA 14

A television broadcast, for the purposes of copyright infringement under the Copyright Act 1968 (Cth), refers to the aggregate of visual images and sounds constituting a program, advertisement, or discrete segment presented to the public, rather than any singular visual image—so infringement requires that at least a substantial part of such identified broadcast material has been reproduced, not simply any individual image or sound.

Parties
Appellant: Network Ten Pty Limited; Respondents: TCN Channel Nine Pty Limited & Ors
Jurisdiction
Australia
Judgment Date
11 March 2004
Procedural Posture
Appeal / High Court Appeal From Full Court of the Federal Court
Outcome
Appeal allowed in part; orders of Full Court set aside and matter remitted to Full Court to determine outstanding issues.
Legal Topics
Copyright Infringement, Television Broadcasting Rights, Statutory Interpretation, Television Broadcasts as Subject Matter, Substantial Part in Copyright
Intellectual Property Copyright Copyright Infringement Television Broadcasting Rights Statutory Interpretation Television Broadcasts as Subject Matter Substantial Part in Copyright

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Parties

Network Ten Pty Limited

Appellant

TCN Channel Nine Pty Limited & Ors

Respondents

Procedural Posture

Appeal / High Court Appeal From Full Court of the Federal Court

Legal Issues

  1. 1 What is the subject-matter of copyright protection in a television broadcast under the Copyright Act 1968 (Cth)?
  2. 2 Does infringement require taking of a 'substantial part' of the broadcast or does copying any visual image or sound constitute an infringement under sections 87(a) and 87(c)?
  3. 3 How should the phrase 'a television broadcast' be construed in the context of copyright infringement?

Ratio Decidendi

A television broadcast, for the purposes of copyright infringement under the Copyright Act 1968 (Cth), refers to the aggregate of visual images and sounds constituting a program, advertisement, or discrete segment presented to the public, rather than any singular visual image—so infringement requires that at least a substantial part of such identified broadcast material has been reproduced, not simply any individual image or sound.

Court Disposition

Appeal allowed in part; orders of Full Court set aside and matter remitted to Full Court to determine outstanding issues.

Orders

  • Appeal allowed with costs.
  • Orders of the Full Court of the Federal Court entered on 19 July 2002 set aside.