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Australia – Federal Court Remedies For Infringing Downloads.

25 October, 2013

 

Legal News & Analysis – Asia Pacific – Australia – TMT

 

The Federal Court has ruled on an applicant’s remedies for a breach of the Copyright Act 1968 (Cth) (Act), and its entitlement to an order for delivery up and destruction of infringing materials, in a case involving the downloading of materials from the internet: Acohs Pty Ltd v Ucorp Pty Ltd (No 5) [2013] FCA 1006.


The material in question comprised Material Safety Data Sheets which manufacturers were required to prepare under various Commonwealth and State occupational health and safety regulations. The Full Court ruled that part of the respondent’s activity infringed the applicant’s copyright in the materials and remitted the matter to the trial judge on the question of remedies.


Jessup J rejected some bases advanced by the applicant in support of an award for damages under section 115(4) of the Act. He did, however, award damages pursuant to section 115(4)(b)(iii) on the basis that there had clearly been some commercial benefit to the respondent in having ready electronic access to the applicant’s copyright material for the benefit of significant customers. In relation to delivery up and destruction, his Honour rejected the respondent’s contention that an order for destruction would be superfluous, stating that he did not have a “high level of confidence that reproductions previously made in breach of Acohs’ copyright would not, whether by oversight, misadventure or otherwise occasionally be communicated to the public in the course of Ucorp’s business”.


View the decision here.

 

For further information, please contact:

 

Gordon Hughes, Partner, Ashurst
gordon.hughes@ashurst.com

 

Ashurst TMT Practice Profile in Australia

 

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