Supreme Court - Trial Division

Coles v Dormer & Ors [2015] QSC 224 (14/177) Henry J 4 August 2015

Full-text: QSC15-224.pdf

Catchwords

INTELLECTUAL PROPERTY – COPYRIGHT - REMEDIES FOR INFRINGEMENT – where the plaintiff seeks an injunction and damages pursuant to s 115 and 116 of the Copyright Act 1968 (Cth) for breach of copyright - what remedies should be awarded if breach of copyright is established

INTELLECTUAL PROPERTY – COPYRIGHT – ORIGINAL WORK IN WHICH COPYRIGHT SUBSISTS – GENERALLY – whether the original house plans were an artistic work as defined in the Copyright Act 1968 (Cth) – whether copyright subsists in the original plans of the plaintiff’s house

INTELLECTUAL PROPERTY – COPYRIGHT – ASSIGNMENTS, LICENCES AND ROYALTIES –ASSIGNMENT – GENERALLY – whether the original author owned the copyright in the house plans – whether the assignment of the plans to the plaintiff by the original author was effective

INTELLECTUAL PROPERTY – COPYRIGHT – INFRINGEMENT – ARTISTIC WORKS – whether the plans for the plaintiff’s house had been converted by the first and second defendants to plans for the third defendants’ house – whether the third defendants’ house plans were a reproduction or substantial reproduction of the plaintiff’s house plans – whether the construction of the third defendants’ house was a reproduction or substantial reproduction of the plaintiff’s house – whether the house plans and/or construction of the third defendants’ house are an infringement of copyright