Bulun Bulun, John & Anor v R & T Textiles Pty Ltd [1998] FCA 1082

Bulun Bulun, John & Anor v R & T Textiles Pty Ltd [1998] FCA 1082

The Ganalbingu people do not hold an equitable interest in the copyright of the artistic work under Australian law; while the author, Mr Bulun Bulun, owes a fiduciary obligation to protect the ritual knowledge embodied in the art and not exploit it contrary to the group's law and customs, no express or constructive trust was established and, since Mr Bulun Bulun has taken appropriate legal action to protect the work, there is no need for further equitable remedy.

Jurisdiction
Australia
Judgment Date
03 September 1998
Procedural Posture
Federal Court Proceeding / Judgment After Trial (with Orders)
Outcome
Proceedings by the Second Applicant dismissed. No further remedy required as the copyright owner (First Applicant) has enforced his rights.
Legal Topics
['aboriginal Art' 'communal Ownership' 'fiduciary Relationships' 'express Trusts' 'constructive Trusts' 'admissibility of Customary Law Evidence']
['copyright' 'equity' 'customary Law'] ['aboriginal Art' 'communal Ownership' 'fiduciary Relationships' 'express Trusts' 'constructive Trusts' 'admissibility of Customary Law Evidence']

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Procedural Posture

Federal Court Proceeding / Judgment After Trial (with Orders)

Legal Issues

  1. 1 ['Whether the Copyright Act 1968 (Cth) recognises communal ownership by Aboriginal groups in artistic works of cultural significance' 'Whether the creative author of an artistic work is a fiduciary in respect of the tribal group' 'Whether an express or constructive trust was created for the benefit of the tribal group regarding the copyright' 'How evidence of customary law may be used in Australian courts concerning collective ownership']

Ratio Decidendi

The Ganalbingu people do not hold an equitable interest in the copyright of the artistic work under Australian law; while the author, Mr Bulun Bulun, owes a fiduciary obligation to protect the ritual knowledge embodied in the art and not exploit it contrary to the group's law and customs, no express or constructive trust was established and, since Mr Bulun Bulun has taken appropriate legal action to protect the work, there is no need for further equitable remedy.

Court Disposition

Proceedings by the Second Applicant dismissed. No further remedy required as the copyright owner (First Applicant) has enforced his rights.

Orders

  • ['The proceedings by the second applicant be dismissed.']