Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Universal Music Australia Pty Ltd v Miyamoto [2004] FCA 982
COPYRIGHT – Assessment of damages – Compilation compact discs of popular music created by disc jockeys for use at nightclubs, hotels, clubs etc – In each case, many copies were made and sold or distributed free to patrons – Respondents knew that their actions infringed applicants' copyright – Licences to reproduce were unlikely to have been granted by applicants – Whether ordinary damages should be assessed pursuant to s 115(2) or s 116 of Copyright Act – Whether additional damages should be awarded under s 115(4) of that Act – Factors to be taken into account under s 115(4) – Determination of amounts of damages – Whether lump sum costs orders should be made – Whether respondents should be jointly and severally liable for costs – Amounts of costs orders.
Copyright Act 1968 (Cth), ss 115, 116 Federal Court Rules, Order 62 rule 36A
UNIVERSAL MUSIC AUSTRALIA PTY LTD & ORS v JUN MIYAMOTO & ORS N 1331 of 2002 WILCOX J 30 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1331 of 2002
BETWEEN: UNIVERSAL MUSIC AUSTRALIA PTY LTD
FIRST APPLICANT
SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED
SECOND APPLICANT
WARNER MUSIC AUSTRALIA PTY LIMITED
THIRD APPLICANT
MURDER INC RECORDS
FOURTH APPLICANT
MCA RECORDS
FIFTH APPLICANT
UNIVERSAL RECORDS
SIXTH APPLICANT
SONY MUSIC ENTERTAINMENT INC
SEVENTH APPLICANT
ATLANTIC RECORDING CORPORATION
EIGHTH APPLICANT
ELECTRA RECORDS
NINTH APPLICANT
ISLAND DEF JAM MUSIC GROUP
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