Wilson, F.A. v Weiss Art Pty Ltd [1995] FCA 296

CATCHWORDS INTELLECTUAL PROPERTY - Copyright in drawings - agreement to grant licence of advertising and "other rights" in the drawings - whether agreement limited to use of the drawings by grantee - whether respondent entitled to use drawings to merchandise goods not being in connection with the fashion goods of the grantee of the rights. CONTRACT - Construction of partly written partly oral contract - implied terms - when a term will be implied into a contract - whether the terms of the agreement reflect an intention to assign copyright or an intention to grant a licence - meaning of "other rights" considered. AGENCY - Licence granted to agent on behalf of principal for advertising fashion goods - subsequent joint venture between agent and principal for merchandising wide range of goods - whether licence extended to respondent as joint venture vehicle. Copyright Act (Cth) 1968: ss10, 15, 16, 35, 36, 37, 196 Fair Trading Act (NSW) 1987: s42 British Actors Film Co Ltd v Glover (1918) 1 KB 299; discussed. Computermate Products (Aust) Pty Ltd v Ozi-soft Pty Ltd (1988) 20 FCR 46; discussed. Avel Pty Ltd v Multicoin Amusements Pty Ltd (1990) 171 CLR 88; applied. Australian Estates Ltd v Palmer (NSW Court of Appeal) (unreported, 22 December 1989); discussed. London Printing and Publishing Alliance Ltd v Cox (1891) 3 Ch 291; discussed. EW Savory Ltd v The World of Golf Ltd [1914] 2 Ch 566; discussed. Murray v King (1984) 4 FCR 1; discussed. Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71; discussed. Wintergarden Theatre (London) Ltd v Millenium Productions Ltd [1948] AC 173; discussed. Greenfield Products Pty Ltd v Rover-Scott Bonnar Ltd (1990) 17 IPR 417; discussed. Messager v British Broadcasting Corporation Ltd [1929] AC 151; distinguished. Loew's Inc v Littler (1958) 2 All ER 200; distinguished. Thompson & Morgan (UK) Ltd v Erica Vale Australia Pty Ltd (unreported, Full Federal Court, 19 April 1995); discussed.