Crocker, A. v. Papunya Tula Artists Pty Ltd & Anor [1985] FCA 275

CATCHWORDS Trade Practices - misleading conduct - art catalogue - second edition - whether description of applicant as editor misleading - author of catalogue not owner of copyright - whether second edition represented by

publisher as unaltered work of author

Trade Practices Act 1974, 3.52

Copyright Act 1968, s.191l(a)

ANDREW CROCKER v PAPUNYA TULA ARTISTS PTY. LIMITED and ABORIGINAL ARTISTS AGENCY PTY. LIMITED

No. G 424 cf 1984

Morling J. Evdney

26 June 1985

ory

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN :

AND:

AND:

ORDER

JUDGE MAKING ORDER : Morling J.

DATE OF ORDER : 26 June 1985

WHEPE MADE 3 Sydney

THE COURT OFDERS AS FOLLOWS:

l. Application dismissed.

No. Ga24 of 1984

ANDREW CROCKER

Applicant

PAPUNYA TULA ARTISTS PIY. LIMITED

First Respondent

ABORIGINAL ARTISTS AGENCY PRY. LIMITED

Second Respondent

a. Applitant to pay respondents' costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G424 of 1984

wee ww

GENERAL DIVISION

BETWEEN : ANDREW CROCKER Applicant AND: PAPUNYA TULA ARTISTS

Pry. LIMITED

First Respondent

AND: ABORIGINAL ARTISTS AGENCY PTY. LIMITED

Second Respondent

MORLING J. 26 June 1985

REASONS FOR JUDGMENT

The applicant in this case is Mr Andrew Crocker. an Engiishman, who resides at Wasp Cottage, Behind Myrtle Cottage, Kingsbury Episcopi, in the County of Somerset. He has not always resided in such verdant parts. For many years he has had a deep interest ain Aboriginal art. In 1972 he was employed by the Australian Council for the Arts as an assistant project officer in work associated with Aboriginal art. In 1979 he commenced work ain Alice Springs as the manager of Papunya Tula Artists Pty. 'Limited and he remained in that

Eositicn until Septenper 1981. He has bean adaeeply invoived

The Aboriginal Artists Agency Limited (the second respondent) is a non-profit company which represents Australian Aboriginal and Torres Strait Islander artists. Its functions include licensing and protecting the copyright in art works, music and other works of art and in entering into agreements and joint ventures to promote the work of Aboriginal artists, and generally acting as agent and business adviser to Aboriginal and Torres Strait Islander artists. The evidence does not make clear the precise functions of the first respondent, but its principal object appears to be the purchase of paintings by Aboriginal artists for sale ata profit,