Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - COPYRIGHT - Application to strike out portion of Statement of Claim - Lack of particulars as to copyright ownership - Whether film in respect cr which copyright 1s claimed must he an original work, in the sense of being based on claimant's ideas - What constitutes infringement of copyright in film - Proper exercise cf discretion on strike out application where allegation is one
of substance,
Trade Practices Act 1974 s.52 Copyright Act 1968 ss.10, 32, 90
Zeccola v Universal City Studios Inc (1982) 46 ALR 189 referred to
NSW G.345 of 1984
TELMAK TELEPRODUCTS AUSTRALIA PTY LIMITED & ORS v BOND INTERNATIONAL OTY LIMITED & ORS
Wilcox J. - Sydney 17 February 1986
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM:
DATE: PLACE:
WILCOX J.
wew ew
BETWEEN :
No. G.345 of 1984
TELMAK TELEPRODUCTS AUSTRALIA PTY LIMITED
First Applicant GULF ADVERTISING INC
Second Applicant GLOBAL TOOL CORPORATION
Third Applicant
BOND INTERNATIONAL PTY
17 FEBRUARY 1986
SYDNEY
LIMITED
First Respondent
COUNTRY TELEVISION SERVICES LIMITED
Second Respondent
TOTAL MEDIA (INC) PTY LIMITED
Third Respondent
MINUTE OF ORDERS
THE COURT ORDERS THAT:
Paragraphs 6(a) and 6(b) of the Amended Statement of
Claim be struck out.
The Amended Statement of Claim, insofar as it alleges any infringement by any of the respondents of the
copyright of the first applicant's script, be struck
out.
Leave be granted to the applicants to further amend the Statement of Claim, within twenty-one (21) days, but not so as to add any new claim for relief, as distinct from better particularising the existing
claims.
Leave be granted to the respondents to amend their
Defences within fourteen (14) days of the amendments
to the Statement of Claim.
The applicants pay to the respondents their costs of
the amendments.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate