Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd [2001] FCA 1719 COPYRIGHT – where respondents release cinematograph films embodied in DVD discs – where applicants rent DVD discs to public – whether copyright in cinematograph films infringed if applicants rent DVD discs which are played without licence of respondents – whether decompression of data and storage in RAM constitutes a "copy" for purposes of s 10 of Copyright Act 1968 – where computer programs embodied on DVD discs – whether copyright of computer programs infringed by entering into commercial rental arrangements without licence of respondents – whether copyright infringed by entering into commercial rental arrangements without licence of respondents – meaning of "essential object" of commercial rental arrangement for purposes of s 31(5) of Copyright Act 1968 WORDS & PHRASES – "essential object", "copy"
Copyright Act 1968 (Cth) ss 10, 13, 14, 21, 24, 30A, 31, 36, 47AB, 47B, 85, 86
Autodesk Inc v Dyason [No.2] (1993) 176 CLR 300 followed Nationwide News v Copyright Agency Limited (1996) 65 FCR 399 cited Data Access Corporation v Powerflex Services Pty Ltd (1999) 202 CLR 1 followed Microsoft Corporation v Business Boost Pty Ltd [2000] FCA 1651 cited Computer Edge v Apple Computer Inc (1986) 161 CLR 171 referred to AUSTRALIAN VIDEO RETAILERS ASSOCIATION LTD & ORS v WARNER HOME VIDEO PTY LTD & ORS N 1255 OF 2001 EMMETT J 7 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1255 OF 2001
BETWEEN: AUSTRALIAN VIDEO RETAILERS ASSOCIATION LIMITED
FIRST APPLICANT/FIRST CROSS RESPONDENT
CIVIC VIDEO PTY LIMITED
SECOND APPLICANT/SECOND CROSS RESPONDENT
THE MOVEFINDERS AUSTRALIA PTY LIMITED
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