Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TVBO Production Limited v Australia Sky Net Pty Limited [2009] FCA 1132
COPYRIGHT – interception by Taiwan-based corporation of signals during authorised transmission by another enterprise of episodes of a television series – re-transmission of episode via satellite to subscribers of A-Sky-Net pay television service in Australia – conduct was an electronic transmission of the episode by means of that transmission and thus a communication within s 10 of the Copyright Act 1968 (Cth) – the communication was made to the public – the Taiwanese corporation thereby infringed the first applicant's copyright in the episode transmitted as described – Chairman of Directors of the Taiwan corporation held to have authorised the infringement PRACTICE AND PROCEDURE – applicants proceeded against two respondents in their absence – applicants must prove the case pleaded by them against those respondents on the balance of probabilities Copyright Act 1968 (Cth), ss 10, 10(1), 13(1), 22(4)(b), 22(6), 86(c), 90(2), 98, 101(1), 101(1A), 115(4), 131, 184 Copyright (International Protection) Regulations 1969 (Cth), reg 4(1) Federal Court Rules, O 32 r 2(1)(d)
Cooper v Universal Music Australia Pty Ltd (2006) 156 FCR 380 applied TVBO PRODUCTION LIMITED, TVBI COMPANY LIMITED and TVB (AUSTRALIA) PTY LIMITED (ACN 091 027 020) v AUSTRALIA SKY NET PTY LIMITED (ACN 009 283 879), CHIH-LUNG WANG, JUNG-HUNG CHUANG and CHINESE SATELLITE COMMUNICATIONS, INC
NSD 920 of 2007
FOSTER J
7 OCTOBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 920 of 2007
BETWEEN: TVBO PRODUCTION LIMITED
First Applicant
TVBI COMPANY LIMITED
Second Applicant
TVB (AUSTRALIA) PTY LIMITED (ACN 091 027 020)
Third Applicant
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