Amalgamated Television Services Pty Ltd & Ors v Foxtel Digital Cable Television Pty Ltd & Anor [1995] FCA 843

C A T C H W O R D S BROADCASTING - proposal for retransmission by subscription cable television service provider of free-to-air television broadcasts - proposed retransmission service part of multi-channel cable television package - whether s.212(1) Broadcasting Services Act 1992 exempts proposed retransmission from regulatory regime established by Act - meaning of "service" in s.212(1) - whether "service" in s.212(1) refers to multi-channel cable television package or is limited to a single channel provided under each subscription television broadcasting licence. COPYRIGHT - whether retransmission of free-to-air television broadcasts constitutes breach of copyright owned by commercial television licensees - operation of s.199(4) Copyright Act 1968 - whether broadcast an "authorized broadcast" within the meaning of s.199(4) - whether reference to "Broadcasting Act 1942" in s.199(7) to be read as reference to "Broadcasting Services Act 1992" - s.10A Acts Interpretation Act 1901 - whether commercial television licences granted under s.81 Broadcasting Act 1942 and continued in force by Broadcasting Services (Transitional Provisions and Consequential Amendments Act 1992 as if allocated under Broadcasting Services Act 1992 are licences granted under Broadcasting Act 1942. STATUTORY INTERPRETATION - whether reference in Act to short title of Act a reference to a re-enacted Act with or without modification - s.10 Acts Interpretation Act 1901. TRADE MARKS - whether retransmission of trade marks contained in free-to-air television broadcasts constitutes an infringement of trade marks owned by free-to-air broadcaster - whether retransmission of trade mark creates inference of authority to use mark -Trade Marks Act 1955. Acts Interpretation Act - s.10 Broadcasting Act 1942 (Cth) - s.89DA(1),(5),(9), s.122, s.199(7) Broadcasting Services Act 1992 (Cth) - s.14, s.93(1), s.96(1),(2), s.212 Copyright Act 1968 (Cth) - s.199 Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Cth) - ss.5, 28 Trade Marks Act 1955 (Cth) - ss.6(1), 58, 62 Champagne Heidsieck et Cie Monopole Societe Anonyme v. Buxton [1930] 1 Ch 330 Commissioner for Government Transport (NSW) v Deacon (1957) 97 CLR 535 at 546. Fender Australia Pty Ltd v Bevk (1989) 25 FCR 161 Johnson & Johnson Australia Pty Ltd v Sterling Pharmaceuticals Pty Limited (1991) 30 FCR 326 Musidor BV v Tansing (1994) 52 FCR 363 Re Universal Distributing Co Ltd (In Liq) (1933) 48 CLR 171 at 173 Wingate Marketing Pty Ltd v Levi Strauss & Co (1994) 49 FCR 89 AMALGAMATED TELEVISION SERVICES PTY LTD; HSV CHANNEL 7 PTY LIMITED; SEVEN NETWORK LIMITED; TCN CHANNEL NINE PTY LIMITED; GENERAL TELEVISION CORPORATION PTY LTD; NINE NETWORK AUSTRALIA PTY LTD; TELEVISION & TELECASTERS (SYDNEY) PTY LTD; TELEVISION & TELECASTERS (MELBOURNE) PTY LTD; TEN NETWORK LIMITED v FOXTEL DIGITAL CABLE TELEVISION PTY LIMITED and FOXTEL MANAGEMENT PTY LIMITED Davies J Sydney 20 October 1995