Shacklady, R. v. Atkins, R. & Anor [1994] FCA 960

Shacklady, R. v. Atkins, R. & Anor [1994] FCA 960

Section 77 of the Copyright Act 1968 applies, as the design was applied industrially, sold after commencement of the section, and was registrable under the Designs Act; thus, reproduction by flop-moulding does not infringe copyright. Copyright subsists in the model and drawings of the yacht, but relief is otherwise denied.

Parties
Applicant: Robert Shacklady; First Respondent: Robert Atkins; Second Respondent: Patrick Carroll
Jurisdiction
Australia
Judgment Date
30 November 1994
Procedural Posture
Copyright and Designs Dispute / Judgment at Trial
Outcome
Application dismissed except for declaration of copyright ownership; costs reserved.
Legal Topics
Copyright Subsistence, Designs Act Overlap, Industrial Application of Unregistered Design, Copyright Infringement, Registrability Under Designs Act, Functionality Vs Artistic Design
Intellectual Property Copyright Subsistence Designs Act Overlap Industrial Application of Unregistered Design Copyright Infringement Registrability Under Designs Act Functionality Vs Artistic Design

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Parties

Robert Shacklady

Applicant

Robert Atkins

First Respondent

Patrick Carroll

Second Respondent

Procedural Posture

Copyright and Designs Dispute / Judgment at Trial

Legal Issues

  1. 1 Whether copyright subsists in model and drawings of yacht
  2. 2 Whether flop-moulding from existing yacht infringes copyright
  3. 3 Whether copyright protection is lost through industrial application of unregistered corresponding design

Ratio Decidendi

Section 77 of the Copyright Act 1968 applies, as the design was applied industrially, sold after commencement of the section, and was registrable under the Designs Act; thus, reproduction by flop-moulding does not infringe copyright. Copyright subsists in the model and drawings of the yacht, but relief is otherwise denied.

Court Disposition

Application dismissed except for declaration of copyright ownership; costs reserved.

Orders

  • Declaration that copyright subsists in model and drawings produced by Mr J.E. Adams for Adams 10 Class Yacht (exhs RS1 to RS34).
  • Declaration that applicant is and has been since 9 December 1993 the owner and entitled to copyright in all drawings exhs RS1 to RS34.