Federal Court of Australia
Federal Court of Australia
Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 File number: NSD 161 of 2019
Judgment of: KATZMANN J
Date of judgment: 30 April 2021
Catchwords: COPYRIGHT— Infringement — musical work and literary work constituted by a famous rock song used in multi-media advertisements for a political party in an election campaign — where no issue that each work was an original work and applicants were respectively licensor and owner of the copyright in each work, whether copyright in each was infringed by the use in the advertisements of a cover version of the chorus of the rock song — whether the parts that were taken were objectively similar — whether the impugned works were taken, copied or derived from the copyright works — whether a substantial part of the copyright works was reproduced — where the musical work shared a melodic contour with a well-known Christmas carol and other features that were typical of its genre, whether that part which was reproduced could be classed as substantial — whether the use of the song was "fair dealing for the purpose of parody or satire" within the meaning of s 41A of the Copyright Act 1968 (Cth) COPYRIGHT— Damages — where a licence would not have been issued, whether damages under s 115(2) may be awarded under the "user principle" — where infringer entered into negotiations with licence holder before engaging in infringing conduct but did not agree to its terms and where discovery incomplete, whether additional damages under s 115(4) should be paid and, if so, in what amount
Legislation: Copyright Act 1968 (Cth) ss 10, 14, 21, 31, 36, 40, 41, 41A, 42, 103AA, 103B, 115, 116 Copyright Amendment Act 2006 (Cth) Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) s 23 Trade Marks Act 1995 (Cth) s 126 Copyright (International Protection) Regulations 1969 (Cth) r 4(1) Copyright, Designs and Patents Act 1988 (UK) s 30 International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate