Robinson v Sands and McDougall Pty Ltd [1916] HCA 51

124 HIGH COURT {l

H. C. or A. provision in sec. 21.44 that no appeal shall lie from the decision of 1818: single Justice is an exception within the meaning of sec. 73 of tl

Feprravey Constitution. On that question I reserve my judgment.

ENGINE Drivers' : i leealeess Declaration that sec. 214 is valid. Order tha

AssocrATION the case be remitted. or AusTRaL- :

ASTA

dese ae. Solicitor for the claimants, H. Hoare.

SaUpAR Solicitors for the respondents, Blake & Riggall ; Derham, Rober

Co. Lev. son & Derham; Fink, Best & Hall. ar Solicitor for the Commonwealth, Gordon H. Castle, Crown Solicitor

'

for the Commonwealth.

5 "9 Py BEhip BL. i

(ois (ies SSiPe

[HIGH COURT OF AUSTRALIA.]

ON é z . : 3 é PLAINTIFF 5 AND

SANDS & McDOUGALL PROPRIETARY } Drrenpanih LIMITED : : : " ih

H.C. or A. Copyright—Infringement—Original literary work—Map—Exemption from liability 1916. to pay damages—Knowledge of existence of copyright—Name of author on map: —Copyright Act 1912 (No. 20 of 1912), Schedule—Covyright Act 1911 (1 &: i

SYDNEY, Geo. Vc. 46), secs. 1, 2, 5, 6, 7, 8 31, 35. Aug. 29, 30, sede ; a a Bey 'The word " original" in sec. 1 (1) of the Copyright Act 1911 means Mensourne, Pied," "not imitated."

Sept. 14. Held, therefore, thet a map which is produced by a cartographer applying his faculties to the best sources of information within his reach, and which is in no sense a copy but presents points of difference from previous map according to the use to which he purposes to apply it, is an original literary

Barton J.

work within the meaning of sec. 1 (1), and entitled to copyright.

2 C.L.R.] OF AUSTRALIA.

If a name purporting to be that of the plaintiff as author appears upon a published map the defendant in an action for infringement, although not 'otherwise aware that copyright subsists in the map, is not relieved from