FEDERAL COURT OF AUSTRALIA
Television Broadcasts Limited v Telstra Corporation Limited [2018] FCA 1434
File number:
NSD 2069 of 2017
Judge:
NICHOLAS J
Date of judgment:
20 September 2018
Catchwords:
COPYRIGHT – application for “site blocking” orders
under s 115A of the Copyright Act 1968 (Cth) – online
locations from which files used to facilitate operation of
online streaming of pre-recorded and live television
content previously broadcast on free-to-air channels in
Hong Kong – where broadcasts per se not the subject of
copyright – where most of content the subject of such
broadcasts comprises pre-recorded feature films,
television series and segments in which copyright
subsists as cinematograph films – whether requirements
of s 115A satisfied – whether orders should be made
Legislation:
Copyright Act 1968 (Cth) s 10, 86, 115A
Copyright Amendment (Online Infringement) Act 2015
(Cth)
Cases cited:
Roadshow Films Pty Ltd v Telstra Corporation Ltd
(2016) 248 FCR 178
Roadshow Films Pty Ltd v Telstra Corp Ltd (2018)
132 IPR 1
Universal Music Australia Pty Limited v TPG Internet
Pty Ltd (2017) 348 ALR 493
Date of hearing:
13 April and 2 May 2018
Registry:
New South Wales
Division:
General Division
National Practice Area:
Intellectual Property
Sub-area:
Copyright and Industrial Designs
Category:
Catchwords
Number of paragraphs:
53
Counsel for the Applicants:
Mr J Cooke
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