Copyright Agency Ltd & Ors v. Victoria University of Technology [1994] FCA 702

Copyright Agency Ltd & Ors v. Victoria University of Technology [1994] FCA 702

The respondent's activities in copying and supplying anthologies to students were conducted solely for educational purposes at cost; sales did not have the purpose or object of returning a financial profit. The statutory immunity under s.135ZL applied and was not removed by s.135ZZH. The License Agreement with CAL...

Source-derived case information.

Parties
First Applicant: Copyright Agency Limited; Second Applicant: R Ai 4 M; Third Applicant: PRENTICE HALL INC.; Fourth Applicant: WIL TED; Fifth Applicant: R LI PUB R; Sixth Applicant: JOSSEY-BASS INC., PUBLISHERS; Seventh Applicant: HARPER EDUCATIONAL (AUSTRALASIA) PTY LTD; Eighth Applicant: PENGUIN BOOKS AUSTRALIA LIMITED; Ninth Applicant: GEORGE ALLEN & UNWIN AUSTRALIA PTY LIMITED; Tenth Applicant: LONGMAN GROUP PTY LTD; Eleventh Applicant: RAW— K AUSTRALIA PTY LIMITED; Twelfth Applicant: -B. IN; Thirteenth Applicant: HARCOURT BRACE JOVANOVICH GROUP (AUSTRALIA) PTY LIMITED; Respondent: Victoria University of Technology
Jurisdiction
Australia
Judgment Date
30 September 1994
Procedural Posture
Test Case / Judgment After Trial
Outcome
Application dismissed; cross-claim granted in part.
Legal Topics
Educational Copying, Statutory Licensing, Part VB Operation, Profit in Supply of Copies
Copyright Law Educational Copying Statutory Licensing Part VB Operation Profit in Supply of Copies

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Parties

Copyright Agency Limited

First Applicant

R Ai 4 M

Second Applicant

PRENTICE HALL INC.

Third Applicant

WIL TED

Fourth Applicant

R LI PUB R

Fifth Applicant

JOSSEY-BASS INC., PUBLISHERS

Sixth Applicant

HARPER EDUCATIONAL (AUSTRALASIA) PTY LTD

Seventh Applicant

PENGUIN BOOKS AUSTRALIA LIMITED

Eighth Applicant

GEORGE ALLEN & UNWIN AUSTRALIA PTY LIMITED

Ninth Applicant

LONGMAN GROUP PTY LTD

Tenth Applicant

RAW— K AUSTRALIA PTY LIMITED

Eleventh Applicant

-B. IN

Twelfth Applicant

HARCOURT BRACE JOVANOVICH GROUP (AUSTRALIA) PTY LIMITED

Thirteenth Applicant

Victoria University of Technology

Respondent

Procedural Posture

Test Case / Judgment After Trial

Legal Issues

  1. 1 Whether making and supply of multiple copies by educational institutions infringes copyright under Part VB of the Copyright Act 1968
  2. 2 Whether supply of copies for cost price plus margin constitutes 'sale for financial profit' removing statutory immunity under s.135ZZH
  3. 3 Whether copying and sale falls within the contractual licence agreement

Ratio Decidendi

The respondent's activities in copying and supplying anthologies to students were conducted solely for educational purposes at cost; sales did not have the purpose or object of returning a financial profit. The statutory immunity under s.135ZL applied and was not removed by s.135ZZH. The License Agreement with CAL covered the relevant acts and there was no infringement or breach.

Court Disposition

Application dismissed; cross-claim granted in part.

Orders

  • Orders that the application be dismissed.
  • Orders that the applicants pay the costs of the respondent of the application.