Court & Tribunal Decisions

This is a list of past legal proceedings relating to licences managed by the Copyright Agency.

Court decisions

See also Copyright Tribunal decisions.

Case Court Judgement date Issue More
Copyright Agency Limited v State of NSW High Court 6 August 2008 Government did not own copyright in survey plans; no implied licence to use plans transcript of proceedings(16 Nov 2007) transcript of proceedings (23 April 2008)
Copyright Agency Limited v State of NSW Federal Court (Full Court) 05 June 2007 Government had implied licence to use survey plans: overturned on appeal to High Court
Copyright Agency Limited v Queensland Department of Education Federal Court (Full Court) 10 August 2007 Copyright Tribunal has power to determine an electronic use system providing for access, under the statutory licence for education
Copyright Agency Ltd v University of Adelaide Federal Court (Full Court) 22 December 1999 Different rates for different types of content and use under statutory licence for education; rate for text with accompanying illustrations Transcript: application for special leave to appeal decision to High Court (refused)
Copyright Agency Ltd v Charles Sturt University Federal Court 24 August 2001 copying for university external students
Nationwide news v Copyright Agency Federal Court (Full Court) 18 April 1996 infringement of ‘published edition’ copyright; authorship of newspaper articles
Nationwide News Pty Ltd & Ors v Copyright Agency Ltd Federal Court (Wilcox J) 31 January 1995
Copyright Agency Ltd & Ors v Victoria University of Technology Federal Court (Full Court) 28 February 1995
Copyright Agency Ltd & Ors v. Victoria University of Technology Federal Court (Gummow J) 30 September 1994
De Garis v Neville Jeffress Pidler Federal Court (Beaumont J) 1990 press clipping agency’s activities not fair dealing
Haines v Copyright Agency Federal Court (Full Court) 22 July 1982 relationship between the exception for fair dealing for research or study, and the statutory licence for education

Copyright Tribunal determinations

There are links to all the Tribunal’s determinations on its website.

Copyright Agency Ltd v Department of Education of NSW [1985] ACopyT 1 (20 March 1985) equitable remuneration
Copyright Agency Ltd v University of Adelaide [1999] ACopyT 1 equitable remuneration
Copyright Agency Limited v University of Adelaide (No 2) [2000] ACopyT 6 (14 June 2000) sampling system
Copyright Agency Limited v Queensland Department of Education [2002] ACopyT 1 (8 February 2002) equitable remuneration
Copyright Agency Limited v Queensland Department of Education [2006] ACopyT 1 (7 April 2006) electronic use system

28 August 2015

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