Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Career Step, LLC v TalentMed Pty Ltd (No 2) [2018] FCA 132 File number: NSD 562 of 2017
Judge: ROBERTSON J
Date of judgment: 28 February 2018
Catchwords: COPYRIGHT – electronic educational course materials –whether the applicant's course was a copyright work – whether the applicant its owner – whether in its version 1 the first respondent copied parts of the applicant's course, provided under licence, to create its own competing course materials – whether the amount copied was generic or a substantial part of the work – whether either of the second and third respondents, directors of the first respondent, authorised the copying or was a joint tortfeasor in the civil wrong of the first respondent – whether in its version 2 the first respondent copied parts of the applicant's course to create its own competing course materials CONTRACTS – construction –businesslike interpretation having regard to the surrounding circumstances and the commercial purpose of the contract – supply of proprietary software and instructional materials by applicant to first respondent – whether first respondent copied or otherwise used such confidential information other than for the purpose of the sales and marketing of the course without the prior written consent of the applicant
Legislation: Copyright Act 1968 (Cth) ss 10(1), 14, 32, 35(6), 36, 78, 79, 82, 101, 126, 196, 248U. Copyright (International Protection) Regulations 1969 (Cth)
Cases cited: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC 22; 329 ALR 522 Codelfa Construction v State Rail Authority [1982] HCA 24; 149 CLR 337 Eagle Homes Pty Ltd v Austec Homes Pty Ltd [1999] FCA 138; 87 FCR 415 Electricity Trading Corporation v Woodside Energy [2014] HCA 7; 251 CLR 640 Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197; 172 FCR 580 EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47; 191 FCR 444 Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984; 189 FCR 109 IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14; 239 CLR 458 JR Consulting & Drafting Pty Ltd v Cummings [2016] FCAFC 20; 329 ALR 625 Keller v LED Technologies Pty Ltd (ACN 100 887 474) [2010] FCAFC 55; 185 FCR 449 Milpurrurru, Marika, Payunka & Public Trustee for the Northern Territory v Indofurn Pty Ltd, Bethune, King & Rylands (1994) 54 FCR 240 Nationwide News Pty Ltd v Copyright Agency Ltd [1996] FCA 1395; 65 FCR 399 NSW Land and Housing Corporation v ANZ Banking Group [2015] NSWSC 176 Primary Health Care Ltd v Commissioner of Taxation [2010] FCA 419; 186 FCR 301 Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) [2011] FCA 846; 196 FCR 1 Tamawood Ltd v Habitare Developments Pty Ltd (Admin Apptd) (Recs and Mgrs Apptd) [2015] FCAFC 65; 112 IPR 439 Telstra Corp Ltd v Phone Directories Co Pty Ltd [2010] FCAFC 149; 194 FCR 142
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