Insight SRC IP Holdings Pty Ltd v Australian Council for Educational Research Ltd [2013] FCAFC 62

FEDERAL COURT OF AUSTRALIA

Insight SRC IP Holdings Pty Ltd v Australian Council for Educational Research Ltd [2013] FCAFC 62 Citation: Insight SRC IP Holdings Pty Ltd v Australian Council for Educational Research Ltd [2013] FCAFC 62

Appeal from: Insight SRC IP Holdings Pty Ltd v The Australian Council for Educational Research Ltd [2012] FCA 779

Parties: INSIGHT SRC IP HOLDINGS PTY LTD (ACN 136 861 884) and INSIGHT SRC PTY LTD (ACN 080 662 380) v THE AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED

File number: VID 815 of 2012

Judges: NORTH, RARES AND ROBERTSON JJ

Date of judgment: 14 June 2013

Catchwords: COPYRIGHT – measure of damages for infringement under Copyright Act 1968 (Cth) s 115(2) – where owner does not exploit copyright but supports bare licensee doing so unaware of third party's infringement – whether owner entitled to nominal damages only or to general damages – whether measure of general damages is value of bare licensee's and subsequent assignee's loss in its hands – valuation of loss suffered by owner – where copyright and right to sue for past infringement assigned in writing to bare licensee ASSIGNMENT – whether sub-assignee had sufficient genuine commercial interest in enforcement of original assignor's claims – where assignor supported bare licensee to exploit copyright and assigned copyright with past and existing causes of action for infringement to a trust when unaware of infringement by third party APPEAL AND NEW TRIAL – appeal against primary judge's credibility based findings at trial – where no fresh evidence adduced and full record of trial not before appellate court