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Marie Wong - When must the Crown pay to use copyright material for the services of the State?
Marie Wong, Senior Associate at Deacons, reports that leave to appeal was granted to the applicant in Copyright Agency Limited v State of New South Wales [2007] HCATrans 700 (16 November 2007) over the decision of Copyright Agency Ltd v New South Wales (2007) 240 ALR 249. Marie Wong discusses the Copyright Agency Limited (CAL), which is a declared “collecting society” for the purposes of the Copyright Act and represents copyright owners (such as authors, photographers, publishers and, relevantly, surveyors) and to administer the licensing of copyright works to the general community.
CAL originally approached the Copyright Tribunal for a determination of the terms on which the State of New South Wales could deal with survey plans prepared by members of the Surveyors’ Association. The matter was subsequently referred to the Full Federal Court in order to determine questions of law relevant to the Copyright Tribunal’s determination. Specifically, the Full Federal Court was required to determine who owned copyright in the survey plans and whether surveyors were entitled to receive royalties arising from the State Government’s use of the plans.
According to Marie Wong, the outcome of the High Court appeal may affect how government can continue to deal with third party works submitted to them for specific purposes.
When must the Crown pay to use copyright material for the services of the State?
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- Published:
- 06 Jan 2008 / 11:42 PM
- Category:
- Copyright
Copyright Protected Material - Are you leaving yourself exposed? - Deacons
Copyright Protected Material � Are you leaving yourself exposed? - Marie Wong and Annabelle Nilsson of Deacons reports on the High Court case of Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55:
- In the absence of an agreement to the contrary, the purchaser of land had an implied licence to utilise development drawings for construction on the land where architectural plans had already been prepared for that purpose. This was regardless of the fact that no actual payment for the plans had previously been made to the architect of the plans.
Marie Wong and Annabelle Nilsson note that the case highlights the importance for commercial organisations to ensure that their rights to use and retain copyright material are expressed at the outset of entering into commercial arrangements.
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About this entry
- Published:
- 10 Mar 2007 / 03:23 AM
- Category:
- Copyright