Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Connect TV Pty Ltd v All Rounder Pty Ltd (No 5) [2016] FCA 338 File number: VID 768 of 2010
Judge: TRACEY J
Date of judgment: 8 April 2016
Catchwords: INTELLECTUAL PROPERTY – copyright – alleged infringement of applicants' copyright subsisting in Russian-language television channels by communication of the television channels to the public – whether copyright subsists in the broadcasts of content on the Russian-language television channels – meaning of "television broadcast" under Copyright Act 1968 (Cth) – whether first applicant held exclusive licences from each of the Russian broadcasters – whether communication to the public done without licence of the Russian broadcasters – whether conduct of respondents amounted to primary or secondary infringement of copyright EVIDENCE – hearsay and opinion evidence – admissibility of correspondence from the Russian broadcasters concerning the rights of the licensees – whether correspondence admissible under s 66A of the Evidence Act 1995 (Cth) on the basis of contemporaneous statements about the Russian broadcasters' state of mind – whether correspondence admissible under s 79 of the Evidence Act 1995 (Cth) as expert opinion evidence
Legislation: Broadcasting Services Act 1992 ss 6, 6(c) Copyright Act 1968 (Cth) ss 10, 14(1)(a), 22(5), 22(6), 87, 91, 95(1), 99, 101, 115(4), 119 Copyright (International Protection) Regulations 1969 (Cth) regs 3(1), 4(6) Evidence Act 1995 (Cth) ss 59(1), 62, 66A, 76, 76(1), 79
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