Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd [2005] FCAFC 144

FEDERAL COURT OF AUSTRALIA

Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd [2005] FCAFC 144

COPYRIGHT – cinematograph film – oral agreement between organiser of charitable undertaking and television station under which television station's camera operator and sound recordist accompanied organiser and troubled youths on trek along Kokoda Track – under agreement, television station to televise short film of trek, on station's news and current affairs program, and organiser to have raw footage subsequently for use to promote the charity – after program went to air, organiser handed tapes of raw footage as arranged – organiser taking tapes to film producer who makes a one-hour documentary, which is proposed to be televised by competitor television station – original television station seeks injunction on basis of threatened infringement of copyright – whether copyright in original raw footage co-owned by organiser and original television station – whether original television station had contracted to assign to organiser its interest in copyright or to grant him a licence – whether licence assignable – construction of oral contract – admissibility of extraneous circumstances – admissibility of party's statements of its intention on an earlier occasion.

Copyright Act 1968 (Cth) ss 22(4), 30, 86, 98

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