Federal Court of Australia
an JUDGMENT No. wnat 224 Att.
CATCHWORDS
COPYRIGHT - determination of defences under s 115(3) and s 116(2)(b) as separate issues - infringement of copyright in sound recordings - respondents admit infringement ~- whether 'infringement was "innocent" - whether respondent was not aware and had no reasonable grounds for suspecting that act constituting infringement was an infringement of copyright - whether respondent believed or had reasonable grounds for believing that licensed sound recordings were infringing copies - whether defences under ss 115 and 116 available where respondent reckless as to whether there is infringement of
copyright: Copyright Act 1968: ss 115, 116.
Copyright Act 1968
James Arnold & Co Ltd v Maifern Ltd (1980] RPC 397 at 410 Pollock v J.C. Williamson Ltd [1923] VLR 225
Byrne v Statist Co [1914] 1 KB 622
Kalamazoo (Aust) Pty Ltd v Compact Business Systems Pty Ltd (1985) 5 IPR 213
Copyright, Patents and Designs Act 1988 (UK)
Copyright Act 1956 (UK)
Jones v Dunkel (1959) 101 CLR 298
OR v DEN EDITIONS PTY LIMITED & ANOR No. G37 of 1993 Beazley J 2 December 1994
RECEIVED ~2 DEC 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTAY
T STRALIA )
Ww STR R TRY ) No. G37 of 1993 GENERAL DIVISTON ) BETWEEN: POLYGRAM PTY LIMITED
ACN 000 158 592 First Applicant and: RECO ITED
Second Applicant
and: A&M RECORDS INC Third Applicant
E
N_E NS PTY LIMITED ACN 001 311 629
Pirst Respondent
and: HOGHTON. HUGHES
Second Respondent
Court: Beazley J Place: Sydney Date: 2 December 1994
REASONS FOR JUDGMENT
This is a claim for damages or an account of profits, additional damages and damages for conversion for infringement of the applicants' copyright in certain sound recordings of two well known singing artists, Cat Stevens and The Carpenters, pursuant to the provisions of ss 115(2), 115(4) and 116(1) of the Copyright Act 1968 (the Act). The respondents have admitted the infringement but claim that they are not liable to pay damages pursuant to ss 115(3) and
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