Copyright Agency Limited v State of New South Wales [2008] HCA 35

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ

COPYRIGHT AGENCY LIMITED APPELLANT

AND

STATE OF NEW SOUTH WALES RESPONDENT

Copyright Agency Limited v State of New South Wales [2008] HCA 35

6 August 2008

S595/2007

ORDER

1. Appeal allowed.

2. Orders of the Full Court of the Federal Court of Australia, made on 5 June 2007, in respect of questions 5 and 6, set aside. In place of those orders, questions 5 and 6 answered as follows:

(5) No.

(6) Does not arise.

3. Respondent to pay the appellant's costs of the appeal and of the proceedings before the Full Court of the Federal Court of Australia.

On appeal from the Federal Court of Australia

Representation

D K Catterns QC with M R J Ellicott for the appellant (instructed by Banki Haddock Fiora)

D M Yates SC with J R Baird for the respondent (instructed by Crown Solicitor (NSW))

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

CATCHWORDS

Copyright Agency Ltd v New South Wales

Intellectual property – Copyright – Crown use – Statutory licence scheme – Where survey plan lodged for registration at Lands and Property Information Division of Department of Lands (NSW) – Surveyor owned copyright in survey plan – Once registered, survey plan reproduced and communicated to the public for the services of the State of New South Wales – Whether statutory licence scheme in Copyright Act 1968 (Cth), Pt VII, Div 2 applied to authorise State to reproduce survey plan and communicate it to the public, and provided for terms upon which those acts could be done – Whether surveyor taken to have impliedly licensed reproduction and communication to the public of survey plan apart from statutory licence scheme – Comparison with provision for Crown use in foreign jurisdictions.