BBC World Limited v Special Broadcasting Service Corporation [2003] FCA 247

FEDERAL COURT OF AUSTRALIA

BBC World Limited v Special Broadcasting Service Corporation [2003] FCA 247 BBC WORLD LIMITED v SPECIAL BROADCASTING SERVICE CORPORATION N 378 of 2003 BRANSON J 24 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 378 of 2003

BETWEEN: BBC WORLD LIMITED

APPLICANT

AND: SPECIAL BROADCASTING SERVICE CORPORATION

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 22 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

(a) the application for interlocutory relief be dismissed;

(b) the final hearing of the proceeding be expedited.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 378 of 2003

BETWEEN: BBC WORLD LIMITED

APPLICANT

AND: SPECIAL BROADCASTING SERVICE CORPORATION

RESPONDENT

JUDGE: BRANSON J

DATE: 24 MARCH 2003

PLACE: SYDNEY

REASONS FOR DECISION

introduction 1 On Saturday, 22 March 2003 the applicant, BBC World Limited ('BBC World'), made an urgent application to the Court for interlocutory orders restraining the respondent, Special Broadcasting Service Corporation ('SBS'), from broadcasting or rebroadcasting 'BBC World Channel' television broadcasts ('BBC World material'). It is not in dispute that SBS is broadcasting BBC World material to provide its viewers with coverage of the war in Iraq. BBC World claims that SBS, by rebroadcasting BBC World material, is infringing BBC World's exclusive rights as licensee of the copyright in that material. 2 At the close of argument on 22 March 2003 I ordered that the claim by BBC world for interlocutory relief be dismissed. I gave brief ex tempore reasons for my decision. I indicated at that time that expanded reasons for my decision would be published promptly. These are the expanded reasons for the decision given by me on 22 March 2003.