Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2009] FCA 799
COPYRIGHT – preliminary question on ownership of copyright – whether, by entering song into Girl Guides competition, author of copyright work assigned copyright to Girl Guides Association – the phrase "all matter entered to become the property of the Guide Association" not effective to assign copyright – subsequent assignment of copyright to applicant effective
EVIDENCE – communications with third parties which occurred twenty to forty years after the date of purported assignment not admissible to determine intention of parties – informal admissions may be contradicted by maker, and it is for the Court to determine on the evidence what weight is to be given to such admissions
Copyright Act 1912 (Cth), s 8 Copyright Act 1968 (Cth), s 196
Copyright Act 1911 (UK), s 5
Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 referred to Interstate Parcel Express Co Proprietary Limited v Time-Life International (Netherlands) B.V. (1977) 138 CLR 534 referred to Lustre Hosiery Limited v York (1935) 54 CLR 134 referred to Murray v King (1984) 4 FCR 1 referred to Nominal Defendant v Owens (1978) 22 ALR 128 referred to Oceanic Sun Line Special Shipping Company Inc v Fay (1988) 165 CLR 197 referred to
Seddon and Ellinghaus, Cheshire and Fifoot's Law of Contract (9th edition, 2008) Heydon, Cross on Evidence (7th Aust edition, 2004)
LARRIKIN MUSIC PUBLISHING PTY LTD (ACN 003 839 432) v EMI SONGS AUSTRALIA PTY LIMITED (ACN 000 063 267), EMI MUSIC PUBLISHING AUSTRALIA PTY LIMITED (ACN 000 040 951), COLIN JAMES HAY and RONALD GRAHAM STRYKERT
NSD 145 of 2008
EMI SONGS AUSTRALIA PTY LIMITED (ACN 000 063 267) and EMI MUSIC PUBLISHING AUSTRALIA PTY LIMITED (ACN 000 040 951) v LARRIKIN MUSIC PUBLISHING PTY LTD (ACN 003 839 432)
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