TCN CHANNEL NINE v NETWORK TEN [2001] FCA 841

FEDERAL COURT OF AUSTRALIA

TCN CHANNEL NINE v NETWORK TEN [2001] FCA 841 COPYRIGHT – television broadcasting – two competing television stations – making by one station of cinematograph films of visual images of excerpts from the television programmes of the other, after earlier making cinematograph film of the whole or more substantial segments of such programmes for library storage – such cinematograph filming taking the form of video taping – having earlier failed to make out case for breach of s 87(c) of Copyright Act 1968 (Cth), whether contravention nevertheless occurred of s 87(a) – whether for purposes of s 87(a), television broadcast copyright extended to each individual visual image – whether a substantial part of the subject matter of copyright taken – whether a single visual image was the subject matter of copyright – alternatively breach authorised by implied industry license to make such video taping. Copyright Act 1968 (Cth) ss 10(1), 14(1)(a), 22(5), 25(4), 31, 79, 83(b), 85, 87(a), 87(b), 87(c), 101(1), 101(4), 184(1) and 248U(1) Avel Pty Ltd v Multicoin Amusements Pty Ltd (1990) 171 CLR 88 applied Banier v News Group Newspapers Limited [1997] FSR 812 applied Brunton v Acting Commissioner of Stamp Duties [1913] AC 747 (PC) applied Pro Sieben Media AG v Carlton UK Television Ltd [1999] 1 WLR 605 referred to Spelling Goldberg Productions Inc v BPC Publishing Ltd [1981] RPC 283 considered TCN Channel Nine Pty Limited & Ors v Network Ten Pty Limited [2001] FCA 108 applied Walter v Steinkopff [1892] 3 Ch 489 applied Copinger and Skone James on Copyright (14th ed, 1999) p 321 Pearce and Geddes Statutory Interpretation in Australia (4th ed, 1996) pp 40-41 TCN CHANNEL NINE PTY LIMITED, QUEENSLAND TELEVISION LIMITED & GENERAL TELEVISION CORPORATION PTY LIMITED v NETWORK TEN PTY LIMITED CONTI J SYDNEY 4 JULY 2001