-3(i) TVB is the owner of copyright insofar as it concerns the exercise of the communication right under s 86(c) of the Act in Australia via the internet and any type of mobile telecommunications device via telecommunication network; and (ii) TVBO is the exclusive licensee in Australia in respect of the rights referred to in subpara (i) above and owner of copyright under s 86(a) of the Act insofar as it concerns the reproduction right in Australia; and (b) to the extent that such recordings and pre-recorded television programs came into existence from 1 January 2018: (i) TVB is the owner of all rights comprised in copyright in Hong Kong; and (ii) TVBO is the owners of all rights comprised in copyright outside Hong Kong, including Australia. 12 It is important to note that whilst Hong Kong China, is a member of the World Trade Organisation, it is not a party to the Rome Convention. Consequently, the applicants do not rely on copyright in TVB’s television broadcasts per se and rely instead on their copyright in pre-recorded television programs that are included in those broadcasts. 13 For the purpose of meeting the requirements of s 115A(1)(b), the applicants rely on three particular cinematograph films comprising Episode 1 from each of the television series “Dead Wrong”, “May Fortune Smile on You” and “Witness Insecurity” (“the applicants’ cinematograph films”). The applicants contend that their copyright in these films has been, and is being, infringed by persons unknown who make them available online without the consent of either of the applicants. THE TARGET ONLINE LOCATIONS 14 The application relates to various online locations that communicate with set-top streaming boxes which enable a user to receive TVB’s television broadcasts in Australia via the internet without having to subscribe to TVBA’s pay-tv service. The set-top boxes operate using the Android operating system and are marketed under the following brand names: • A1; • BlueTV; • EV Pad Pro;

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents