Federal Court of Australia
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JUDGMENT No. 51/31
CATCHWORDS
Trade Practices ~- advertisement concerning cassettes - whether radio broadcast thereof constituted authorization of copyright infringement and was therefore misleading or deceptive - whether failure to include warning of possible breach of copyright within text of advertisement misleading or deceptive in all of the circumstances - whether a consequent breach of copyright would constitute a failure to take reasonable care for own interests - copyright material displayed warning against re-recording - failure to produce evidence of impact of advertisement upon relevant sector of public.
Copyright - whether advertisement purported to authorize the re-recording of material in respect of
which the applicants held copyright - origins and concept of authorization examined - whether there may be an action for authorization without any completed act of primary infringement - whether in all of the circumstances there had been the necessary sanction, approval or countenance of copyright infringement for the purposes of the Copyright Act 1968.
Trade Practices Act 1974 ss. 52, 80, 86, 87 and 163A Gopyright Act 1905 ss. 13, 14 and 34 Co ight Act 1911 (U.K.) s. 1(2)
r Copyright Act 1912 Copyright Act 1968 ss. 13, 85, 101 and 115
Copyright Act 1976 (U.S.) s. 106
Foicrat Court of Australia Act 1976 ss. 21 and 32 Bradford House Pty. Ltd. v Leroy Fashion Gro Ltd. TISB3] ATPR 40-387 Followed — Rhone Poulenc Agrochimie S.A. v U.I.M. Chemical Services Pty. ted (1986) 68 ALR 77 Followed.
° ns Marrickville Pty. Ltd. v Henjo Investments Ftys Ltd. (1987) 72 ALR Sot referred to.
e v The National Australia Bank Ltd. [1987] ATPR 40 - 787 referred to.
McWilliam's Wines Pty. Ltd. v McDonald's System of Australia Pty. Ltd. ELL 33 ALR 394 referred to. Taco Company of Australia Inc. v Taco Bell Pty. Ltd. (1982) yi ALR 177 referred to. Parkdale Custom Built Furniture Pty. Ltd. v Puxu Pty. Ltd. (1982) 149 CLR 191 Followed.
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