Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (No 2) [2010] FCA 698 Citation: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (No 2) [2010] FCA 698
Parties: 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
File number(s): NSD 145 of 2008
Judge: JACOBSON J
Date of judgment: 6 July 2010
Catchwords: TRADE PRACTICES – damages – reproduction of part of a musical work – misleading representations as to entitlements to income – percentage payable on exploitation of sample of earlier work in a later work COPYRIGHT – reproduction of part of a musical work – percentage payable on exploitation of sample of earlier work in a later work
Legislation: Trade Practices Act 1974 (Cth) ss 52, 82 Copyright Act 1968 (Cth)
Cases cited: Carey-Hazell v Getz Bros & Co (Aust) Pty Limited (2001) 112 FCR 336 cited Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (2010) 263 ALR 155 referred to Ludlow Music Inc v Williams (No 2) [2002] EWHC 638 (Ch) followed Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 referred to PSL Industries Limited v Simplot Australia Pty Limited (2003) 7 VR 106 cited Spencer v Commonwealth (1907) 5 CLR 418 cited
Date of hearing: 3, 4, 7 & 8 June 2010
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate