26 May 2017
ESR GROUP (NZ) LIMITED v BURDEN [2017] NZCA 217
- Citation
- (2017) 14 TCLR 590
- Court
- Court of Appeal
The Court held that the technical drawings were works of joint authorship because Mr Burden made substantial, non‑distinct creative contributions; the works are original and qualify under s18(2) by virtue of Burden's Australian citizenship; employer ownership under s21(2) means Plantation International owned drawings up to 28 Oct 2003 and Plantation Vietnam (with Plantation International) owned those after that date; Customs notices and determinations were valid under the statutory border regime; ESR lacked requisite knowledge for the 30 July 2014 importation but knew or had reason to believe…