Network Ten Pty Limited v TCN Channel Nine Pty Limited [2004] HCA 14

HIGH COURT OF AUSTRALIA

McHUGH ACJ,

GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

NETWORK TEN PTY LIMITED APPELLANT

AND

TCN CHANNEL NINE PTY LIMITED & ORS RESPONDENTS

Network Ten Pty Limited v TCN Channel Nine Pty Limited [2004] HCA 14

11 March 2004

S150/2003

ORDER

1. Appeal allowed with costs. 2. Orders of the Full Court of the Federal Court entered on 19 July 2002 set aside. 3. Matter remitted to the Full Court of the Federal Court to determine the remaining issues in the appeal to that Court and to make the appropriate orders consistent with the judgment of this Court and upon its further consideration of the appeal, including orders disposing of the costs of the appeal to the Full Court.

On appeal from the Federal Court of Australia

Representation:

J M Ireland QC with R Cobden and C Dimitriadis for the appellant (instructed by Blake Dawson Waldron)

A J L Bannon SC with D T Kell for the respondents (instructed by Gilbert & Tobin)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Network Ten Pty Limited v TCN Channel Nine Pty Limited

Copyright – Infringement – Television broadcast – Television programme broadcast by appellant contained excerpts from programmes previously broadcast by respondent – Each excerpt of brief duration – Meaning of the "subject matter" of broadcast copyright – Whether each visual image capable of being observed as a separate image on a television screen and accompanying sounds is "a television broadcast" in which copyright subsists – Whether a "substantial part" of a television broadcast must be copied to constitute infringement.

Statutes – Construction and interpretation – Relevance of legislative history and context – Relevance of legislative history and context of similar United Kingdom statute – Copyright Act 1968 (Cth), ss 25(4), 87.