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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