Nomad Films International Pty Ltd v. Export Developments Grants Board [1986] FCA 214

Nomad Films International Pty Ltd v. Export Developments Grants Board [1986] FCA 214

A person who holds an exclusive licence in copyright, conferring the exclusive right to do acts forming part of the copyright bundle (as here, through the Distribution Agreement), is, for the purposes of s.4(1)(h) of the Export Market Development Grants Act 1974, a person who owns eligible industrial property rights. Ownership, in this context, embraces the holding of exclusive rights and is not limited to absolute title or assignment. Expenditure incurred in exploiting such rights qualifies as eligible expenditure under the Act. Furthermore, where the distributor acts as principal and takes on business risk and expense, export earnings from the film are its own and not those of the...

Parties
Applicant: Nomad Films International Pty. Ltd.; Respondent: Export Development Grants Board
Jurisdiction
Australia
Judgment Date
30 May 1986
Procedural Posture
Administrative Law Appeal / Appeal From Decision of the Administrative Appeals Tribunal to the Federal Court of Australia, Full Court
Outcome
Appeal allowed
Legal Topics
Export Market Development Grants, Copyright, Exclusive Licence Vs Assignment, Ownership of Industrial Property Rights
Administrative Law Intellectual Property Law Export Market Development Grants Copyright Exclusive Licence Vs Assignment Ownership of Industrial Property Rights

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Parties

Nomad Films International Pty. Ltd.

Applicant

Export Development Grants Board

Respondent

Procedural Posture

Administrative Law Appeal / Appeal From Decision of the Administrative Appeals Tribunal to the Federal Court of Australia, Full Court

Legal Issues

  1. 1 Whether Nomad Films International Pty Ltd owned eligible industrial property rights (particularly copyright) in respect of the film for purposes of a grant under the Export Market Development Grants Act 1974
  2. 2 Whether holding an exclusive licence in copyright amounts to ownership within the meaning of the Act
  3. 3 Whether the distribution agreement constituted assignment of copyright or merely an exclusive licence

Ratio Decidendi

A person who holds an exclusive licence in copyright, conferring the exclusive right to do acts forming part of the copyright bundle (as here, through the Distribution Agreement), is, for the purposes of s.4(1)(h) of the Export Market Development Grants Act 1974, a person who owns eligible industrial property rights. Ownership, in this context, embraces the holding of exclusive rights and is not limited to absolute title or assignment. Expenditure incurred in exploiting such rights qualifies as eligible expenditure under the Act. Furthermore, where the distributor acts as principal and takes on business risk and expense, export earnings from the film are its own and not those of the...

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The application be remitted to the Administrative Appeals Tribunal for reconsideration in accordance with the reasons for judgment.