Federal Court of Australia
CATCHWORDS
COPYRIGHT - whether "defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright" within s. 115(3) - meaning of "the copyright" - whether knowledge of the identity of the owner of the copyright is in question - proof. APPEALS - whether finding of fact depended on credibility of witnesses - effect of error of law upon ultimate conclusion. Copyright Act 1968, ss. 115(3) and 116(2) Z S Projects Pty Ltd v G & R Investments Pty Ltd (1987) 8 IPR 460 The Film Investment Corporation of New Zealand v Golden Editions Pty Ltd (1994) 28 IPR 1 Churchill v Badenochs Transport Ltd and Devine (1971) 1 SASR 63 Westpac Banking Corporation v Spice (1990) ATPR ¶41-024 GOLDEN EDITIONS PTY LIMITED & ANOR v POLYGRAM PTY LIMITED & ORS NG 162 of 1995 Burchett, Tamberlin and Kiefel JJ. Sydney 14 March 1996
IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 162 of 1995 ) GENERAL DIVISION )
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: GOLDEN EDITIONS PTY LIMITED and HOGHTON HUGHES Appellants
AND: POLYGRAM PTY LIMITED, ISLAND RECORDS LIMITED and A & M RECORDS INC Respondents CORAM: Burchett, Tamberlin and Kiefel JJ. PLACE: Sydney DATE : 14 March 1996 ORDERS OF THE COURT THE COURT ORDERS that the appeal be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 162 of 1995 ) GENERAL DIVISION )
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: GOLDEN EDITIONS PTY LIMITED and HOGHTON HUGHES Appellants
AND: POLYGRAM PTY LIMITED, ISLAND RECORDS LIMITED and A & M RECORDS INC Respondents
CORAM: Burchett, Tamberlin and Kiefel JJ. PLACE: Sydney DATE : 14 March 1996
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