Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34 Citation: Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34
Parties: SINGTEL OPTUS PTY LTD (ACN 052 833 208) and OPTUS MOBILE PTY LTD (ACN 054 365 696) v NATIONAL RUGBY LEAGUE INVESTMENTS PTY LIMITED (ACN 081 778 538), AUSTRALIAN RUGBY FOOTBALL LEAGUE LIMITED (ACN 003 107 293), AUSTRALIAN FOOTBALL LEAGUE (ACN 004 155 211) and TELSTRA CORPORATION LIMITED (ACN 051 775 556)
File number: NSD 1430 of 2011
Judge: RARES J
Date of judgment: 1 February 2012
Corrigendum: 26 March 2012
Catchwords: COPYRIGHT – infringement – internet and mobile telephony service providing user with ability to record free to air television broadcast and play on user's PC, mobile telephone or other compatible device – whether service provider or user "made" cinematographic film of broadcast when user clicked "record" button for the purposes of ss 86(a), 87(a), (b) and 111 of the Copyright Act 1968 (Cth) – whether making of recordings in each of the 4 formats used by any device compatible with service infringed copyright in broadcast COPYRIGHT – infringement – whether user made recording solely for private and domestic use by watching at a more convenient time than when the broadcast was made within the meaning of s 111 of the Copyright Act 1968 (Cth) – whether s 111 applies where recording capable of being viewed from approximately 2 minutes after commencement of broadcast on certain compatible devices – whether, when user viewed a recording made using the service, the streaming of the recording to his or her compatible device was a communication to the public within the meaning of the Copyright Act 1968 (Cth) – whether digital file of recording is "article" or "article or thing" within meaning of ss 103 or 111(3)(d) of Copyright Act 1968 (Cth) Held: the service provider did not infringe copyright in the broadcasts by providing service to its users to make and play recordings
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