Nine Network Australia Pty Ltd v IceTV Pty Ltd [2008] FCA 925

Nine Network Australia Pty Ltd v IceTV Pty Ltd [2008] FCA 925

IceTV infringed copyright by reproducing, authorising reproduction, or communicating to the public substantial parts of Nine’s Weekly Program Schedules without licence. Injunctive relief in terms of 'substantial part' is appropriate, framed by the Full Court’s reasoning. Orders should be unambiguous, tailored to the evidence, and not restrict non-infringing activities.

Parties
Applicant: Nine Network Australia Pty Limited; First Respondent: IceTV Pty Limited; Second Respondent: IceTV Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
27 June 2008
Procedural Posture
Copyright Infringement / Orders and Reasons Following Full Court Remittal
Outcome
Orders made in terms agreed or settled following submissions, granting permanent injunctions and requiring deletion of material as set out.
Legal Topics
Copyright in Program Guides, Infringement of Literary Works, Injunctions in Copyright Cases
Intellectual Property Copyright Copyright in Program Guides Infringement of Literary Works Injunctions in Copyright Cases

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Parties

Nine Network Australia Pty Limited

Applicant

IceTV Pty Limited

First Respondent

IceTV Holdings Pty Limited

Second Respondent

Procedural Posture

Copyright Infringement / Orders and Reasons Following Full Court Remittal

Legal Issues

  1. 1 Whether IceTV infringed copyright in Nine's Weekly Program Schedules
  2. 2 Appropriate scope and drafting of injunctive relief

Ratio Decidendi

IceTV infringed copyright by reproducing, authorising reproduction, or communicating to the public substantial parts of Nine’s Weekly Program Schedules without licence. Injunctive relief in terms of 'substantial part' is appropriate, framed by the Full Court’s reasoning. Orders should be unambiguous, tailored to the evidence, and not restrict non-infringing activities.

Court Disposition

Orders made in terms agreed or settled following submissions, granting permanent injunctions and requiring deletion of material as set out.

Orders

  • Declaration of copyright ownership in Nine Weekly Program Schedules.
  • Declaration that IceTV infringed copyright by reproducing, authorising, and communicating substantial parts of Nine Weekly Program Schedules.