Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71

Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71

Ice had indirectly reproduced a substantial part of Nine's copyright work by systematically incorporating the essential time and title information from the Weekly Schedules (via Aggregated Guides), appropriating the skill and labour expended by Nine in creating those schedules. The preparatory programming decisions were integral to the originality of the compilation, not merely antecedent. A relevant causal connection was established, supporting infringement.

Jurisdiction
Australia
Judgment Date
08 May 2008
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
['copyright Infringement' 'compilations' 'substantial Part' 'causal Connection' 'originality']
['intellectual Property Law'] ['copyright Infringement' 'compilations' 'substantial Part' 'causal Connection' 'originality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether IceTV Pty Limited infringed Nine's copyright by reproducing a substantial part of the Weekly Schedules via indirect copying of time and title information" "Whether the skill and labour expended in programming decisions were 'preparatory' or integral to the originality of the compilation" 'Whether a causal connection was established between the Weekly Schedules and the allegedly infringing work']

Ratio Decidendi

Ice had indirectly reproduced a substantial part of Nine's copyright work by systematically incorporating the essential time and title information from the Weekly Schedules (via Aggregated Guides), appropriating the skill and labour expended by Nine in creating those schedules. The preparatory programming decisions were integral to the originality of the compilation, not merely antecedent. A relevant causal connection was established, supporting infringement.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'Order 1 made by the primary Judge on 9 August 2007 be set aside.' 'The proceedings be remitted to the primary Judge for hearing and determination consistently with these reasons for judgment.' "The respondents pay the appellant's costs of the appeal." 'Order 2 made on 10 August 2007 at...