Universal Music Australia Pty Ltd v Cooper [2005] FCA 972

Universal Music Australia Pty Ltd v Cooper [2005] FCA 972

Stephen Cooper and the second to fifth respondents authorised the infringement of copyright by permitting and facilitating the downloading of protected sound recordings via hyperlinks on the website, and did not take reasonable steps to prevent infringement, thus breaching the Copyright Act; the protection under s...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 July 2005
Procedural Posture
Civil / Liability Judgment (quantum Reserved)
Outcome
Liability for copyright infringement found against respondents; quantum and specific orders reserved.
Legal Topics
['copyright Infringement' 'internet Hyperlinking' 'authorisation of Copyright Infringement' 'misleading and Deceptive Conduct' 'domain Name Representations' 'evidence – Adverse Inference']
['intellectual Property' 'trade Practices'] ['copyright Infringement' 'internet Hyperlinking' 'authorisation of Copyright Infringement' 'misleading and Deceptive Conduct' 'domain Name Representations' 'evidence – Adverse Inference']

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Procedural Posture

Civil / Liability Judgment (quantum Reserved)

Legal Issues

  1. 1 ['Whether respondents directly infringed copyright by making copies and communicating sound recordings to the public' 'Whether respondents authorised copyright infringement' 'Whether respondents infringed copyright by sale or exposure for sale of an article' 'Whether respondents are liable as joint tortfeasors' 'Whether respondents engaged in misleading and deceptive conduct under Trade Practices Act and Fair Trading Acts']

Ratio Decidendi

Stephen Cooper and the second to fifth respondents authorised the infringement of copyright by permitting and facilitating the downloading of protected sound recordings via hyperlinks on the website, and did not take reasonable steps to prevent infringement, thus breaching the Copyright Act; the protection under s 112E and s 103 does not apply. No misleading or deceptive conduct was found regarding representations on the website or domain name as statements required copyright owner authorisation; domain name does not convey legality.

Court Disposition

Liability for copyright infringement found against respondents; quantum and specific orders reserved.

Orders

  • ['Applicants to file and serve Short Minutes of Orders to give effect to reasons and as to costs within fourteen days.']