Prior v Sheldon [2000] FCA 438

FEDERAL COURT OF AUSTRALIA

Prior v Sheldon [2000] FCA 438 COPYRIGHT – Authorship of musical works – Musical theme for television series and "stings" for exits and entrances to program – Conflict of evidence as to authorship of both works – Effect of agreement to submit dispute as to authorship to determination by independent expert selected by APRA – Damages – Loss of royalty payments and interest on royalties – Loss of mention on television series credits - Aggravating factors: flagrancy and benefit to respondent. Copyright Act 1968, ss10, 32, 35, 36. 78 and 115(4) JOHN PRIOR v ZELDA SHELDON, STUART SHELDON and ARTEC SOUND VISION PRODUCTIONS PTY LIMITED ARTEC SOUND VISION PRODUCTIONS PTY LIMITED (Cross Claimant) JOHN PRIOR (Cross Respondent) NG 687 of 1998 WILCOX J SYDNEY 7 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NG687 of 1998

BETWEEN: JOHN PRIOR

Applicant

AND: ZELDA SHELDON

First Respondent

STUART SHELDON

Second Respondent

And

ARTEC SOUND VISION PRODUCTIONS PTY LIMITED

Third Respondent

ARTEC SOUND VISION PRODUCTIONS PTY LIMITED

Cross claimant

And

JOHN PRIOR

Cross respondent

JUDGE: WILCOX J

DATE OF ORDER: 7 APRIL 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. It be declared that: (a) the applicant, John Prior, and the first respondent, Zelda Sheldon, are the joint authors of the musical work known as the theme for the television series "The Great Outdoors", composed in 1992; (b) copyright subsists in that work, in an adaptation of that work made in 1994 and in adaptations of the themes for background music of the series; (c) the applicant and the third respondent, Artec Sound Vision Productions Pty Ltd, as assignee of the first respondent, are joint owners of the said copyrights. 2. Judgment be entered in favour of the applicant, John Prior, against: (a) the first respondent, Zelda Sheldon, in the sum of seventy six thousand seven hundred and fourteen dollars and twenty six cents ($76,714.26); (b) the second respondent, Stuart Sheldon, in the sum of one thousand three hundred and forty two dollars and forty two cents ($1,342.42). 3. The cross-claim be dismissed. 4. The first and second respondents, Zelda Sheldon and Stuart Sheldon, pay the costs incurred by the applicant in connection with the principal proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.