TCN Channel Nine Pty Ltd v Network Ten Pty Limited [2002] FCAFC 146

FEDERAL COURT OF AUSTRALIA

TCN Channel Nine Pty Ltd v Network Ten Pty Limited [2002] FCAFC 146

COPYRIGHT – appeal from decision of primary judge – Copyright Act 1968 (Cth) – Part IV – s 87(a), s 87(c) – copyright in subject matter other than works – television broadcasting – two competing television stations – re-broadcasting by one station of excerpts of television programmes previously broadcast by the other – whether primary judge erred in concluding that the re-broadcasting by the respondent of excerpts from programmes previously broadcast by the appellant did not constitute an infringement of the appellant's copyright – whether primary judge erred in concluding that the making of video tapes by the respondent of excerpts of the appellant's programmes for the purpose of re-broadcasting did not constitute an infringement of the appellant's copyright – history of broadcast copyright – cinematograph films of television broadcasts – re-broadcast of television broadcasts – when a television broadcast is "made" COPYRIGHT – defences to infringement – fair dealing – s 103A, s 103B Copyright Act 1968 (Cth) – fair dealing for purpose of criticism or review – fair dealing for purpose of reporting news - whether primary judge erred in concluding that the defence of fair dealing for purpose of criticism or review would have been available in respect of some of the re-broadcast programme excerpts but not others – whether primary judge erred in concluding that the defence of fair dealing for purpose of reporting news would have been available in respect of some of the re-broadcast programme excerpts but not others

Copyright Act 1968 (Cth) s 10, 14(1), 14(1)(a), 25(4), 25(4)(a), 32, 87(a), 87(c), 91, 95(2), 101, 101(1), 101(4), 103A, 103B, 111 Copyright Amendment (Digital Agenda) Act 2000 (Cth) Copyright Act 1956 (UK)s 13(5), 13(5)(a), 13(10), 14(1), 14(4), 14(10), 14(10)(a), 14(6), 49(1)