Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hill v Lang [2012] FCA 349 Citation: Hill v Lang [2012] FCA 349
Appeal from: Hill v Lang [2012] FMCA 573
Parties: BRENTON HILL v FRANK LANG
File number: SAD 177 of 2011
Judge: BESANKO J
Date of judgment: 5 April 2012
Catchwords: COPYRIGHT – appeal from decision of Federal Magistrates Court – ownership of copyright in cinematograph film – where applicant filmed music performance of live band – where respondent claims applicant was paid for services – whether the applicant was the "maker" of the film for purposes of s 22(4) of the Copyright Act 1968 (Cth) – whether film was a "commissioned film" for purposes of s 98(3) of the Act. Held: the appeal be dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) s 25, s 27 Copyright Act 1968 (Cth) s 10, 22, 98, 131 Copyright Amendment (Film Directors' Rights) Act 2005 (Cth) (No 130 of 1995)
Cases cited: Seven Network (Operations) Ltd v TCN Channel 9 Pty Ltd (2005) 146 FCR 183 cited Sobey v Nicol and Davies [2007] FCAFC 136; (2008) 245 ALR 389, cited Wills v Australian Broadcasting Commission (No 3) (2010) 89 IPR 252, cited
Date of hearing: 27 February 2012
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 39
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: The Respondent appeared in person
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 177 of 2011
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