Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 1468

Federal Court of Australia

Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 1468 File number(s): NSD 803 of 2020

Judgment of: RARES J

Date of judgment: 28 September 2020

Catchwords: COPYRIGHT – application under s 115A of Copyright Act 1968 (Cth) – whether injunction should be granted requiring carriage service providers to disable access to online locations outside Australia – operation of r 16.07(2) of the Federal Court Rules 2011 (Cth) – providers' deemed admissions of allegations not specifically denied due to default of order to file defence – whether copyright subsists in films made in Australia and overseas – whether exclusive licensee ought be granted leave under s 120 of Copyright Act to sue without joining owners – whether copyright owners took all reasonable steps to notify online locations outside Australia – whether online location facilitates infringement of copyright – whether online location has primary purpose or primary effect of infringing, or facilitating infringement, of copyright – flagrancy of infringing conduct – whether disabling access to online location is a proportionate response in the circumstances – impact on owner or operator of online location necessary to protect copyright – whether in public interest to disable access to online locations – form of orders to provide copyright owner with appropriate relief

Legislation: Copyright (International Protection) Regulations 1969 (Cth), r 4(1) Copyright Act 1968 (Cth), ss 90, 115A, 120, 126, 131, 184 Federal Court Rules 1979 (Cth), O. 35A r (3)(2)(c) Federal Court Rules 2011 (Cth), r 16.07(2) Telecommunications Act 1997 (Cth) Berne Convention for the Protection of Literary and Artistic Works