Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16

FEDERAL COURT OF AUSTRALIA

Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16 Citation: Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16

Appeal from: Acohs Pty Ltd v Ucorp Pty Ltd [2010] FCA 577

Parties: ACOHS PTY LTD (ACN 009 572 187) v UCORP PTY LTD (ACN 062 768 094) and BERNARD BIALKOWER

File number(s): VID 506 of 2010

Judges: JACOBSON, NICHOLAS AND YATES JJ

Date of judgment: 2 March 2012

Catchwords: COPYRIGHT – literary work – originality – whether copyright subsists in HTML source code of material safety data sheets (MSDSs) rendered by computer program – whether work of joint authorship – where HTML source code is generated by computer program and includes data entered manually – whether copyright subsists in only part of the relevant copyright work COPYRIGHT – literary work – originality – whether copyright subsists in MSDSs created by a process of transcription of third party MSDSs COPYRIGHT – infringement – implied licence arising as a matter of law – scope of licence – where manufacturers, importers and suppliers of hazardous substances required to comply with legislative regimes for the provision of MSDSs – where first respondent reproduced appellant's MSDSs in anticipation of receipt of customer requests for their provision COPYRIGHT – infringement – whether appellant discharged onus to prove absence of licence in circumstances where primary judge found many MSDSs were the subject of a customer request for their provision and many were not – whether respondents carried an evidentiary burden to show acts falling within the scope of the implied licence found