Coogi Australia Pty Ltd v Hysport International Pty Ltd & Ors [1998] FCA 1059

FEDERAL COURT OF AUSTRALIA COPYRIGHT - copyright subsists in an entire work, not in a part or element of a work - copyright in fabric as a "work of artistic craftsmanship" found to exist in the appearance created by the combination of the stitch structure and selection of yarn colours - allegation of infringement of copyright by the taking of a substantial part of the stitch structure - allegation not proved because of copyright owner's failure to identify the subject matter of its copyright and consequent failure to show that what was taken was a substantial part of that subject matter.

COPYRIGHT - "work of artistic craftsmanship" - what constitutes such a work - copyright held to exist in the first item in a line of mass-produced items - Copyright Act 1968 (Cth), s 10.

COPYRIGHT - computer program - whether program used in a computerised knitting machine to knit fabric to a particular pattern a "computer program" within the Act - infringement of copyright in a computer program by unauthorised adaptation - infringement not established unless infringer has access to and makes use of the copyright program in developing its own program - no infringement of copyright in computer program where alleged infringer reverse-engineers a sample of the copyright fabric and from the information as to the construction of the fabric so obtained writes its own program for use in its computerised knitting machines to make a similar fabric - Copyright Act 1968 (Cth), s 10.

INFRINGEMENT OF COPYRIGHT IN COMPUTER PROGRAM - where objective similarity relevant to question of infringement - not shown by similarities identified by a comparison of the two programs at the functional level of expression of each. Copyright Act 1968 (Cth) - ss 10, 14, 22, 29, 31, 32, 75, 77 Trade Practices Act 1974 (Cth) - s 52 Fair Trading Act 1985 (Vic) - s 11 Copyright Act 1911 (UK) - s 22