Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Broadcasting International Pty Ltd v TV Plus Int Pty Ltd [2007] FCA 142 COPYRIGHT AND TRADE PRACTICES – television channel broadcast content derived from Bosnia and Herzegovina (BH) public broadcaster – earlier transmission arrangement with broadcaster in operation in Australia – following dispute with Australian broadcaster BH broadcaster contracted with different Australian broadcaster – dispute between original Australian broadcaster and newly appointed Australian broadcaster – contractual and copyright issues arising between the two Australian broadcasters as to which broadcaster valid appointee – BH broadcaster not joined as party to proceedings – copyright issues arising for resolution TRADE PRACTICES – conflictingrepresentations made in Australia in trade and commerce as to lawful broadcaster of television images of BH broadcaster – issue arising as to which broadcaster's representations not misleading or deceptive SECURITY FOR COSTS – whether respondent competing broadcaster entitled to security for costs – significance of absence of that respondent's joinder of BH public broadcaster in context of conflicting claims of two broadcasters as to contractual source of television signals Broadcasting Services Act 1992 (Cth)Schedule 2 Part 7 Copyright Act 1968 (Cth) ss 14(1), 22(5), 91, 99, 115(2) and (4) Corporations Act 2001 s 1335(1) Trade Practices Act 1974 (Cth)ss 52 and 53 Federal Court Rules O 28 r 3 Copyright (International Protection) Regulations 1969 reg3 and 4(6) Campomar Sociedad Ltd v Nike International Ltd (2000) 46 IPR 481 referred to Select Personnel Pty Ltd v Morgan and Banks Pty Ltd (1988) 12 IPR 167 referred to First Netcom Pty Ltd v Telstra Corporation Ltd (2000) 101 FCR 77 referred to Permanent Promotions Pty Ltd v Independent Distillers (Aust) Pty Ltd (2004) 62 IPR 538referred to Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 218 CLR 273 referred to Amalgamated Mining Services Pty Ltd v Warman International Ltd (1988) 19 FCR 324 referred to UNITED BROADCASTING INTERNATIONAL PTY LTD v TV PLUS INT PTY LTD, TV PLUS BROADCASTING COMPANY PTY LTD AND TV PLUS OPERATIONS COMPANY PTY LTD NSD 2379 OF 2006
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