Australia
- Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor (1937) 58 CLR 479 idea-expression divide
- Cuisenaire v. Reed (1963) VR 719 (a literary work cannot be infringed by a three-dimensional reproduction)
- Commissioner of Tax (1970) 121 CLR 154
- Elanco v. Mandops (1979) FSR 46 (instructions on herbicide are a literary device)
- Zeccola v. Universal City Studios Inc. (1982) 46 ALR 189: there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give rise to dramatic work copyright
- Computer Edge Pty Ltd v. Apple Computer Inc (1986) 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ)
- CBS Records v. Gross (1989) 15 IPR 385 (a cover version of a song can be an original work itself capable of copyright protection)
- Greenfield Products Pty Ltd v. Rover-Scott Bonnar Ltd (1990) 17 IPR 417 per Pincus J, what is not a sculpture
- Yumbulul v. Reserve Bank of Australia (1991) 21 IPR 481: "copyright law does not provide adequate protection of Aboriginal community claims to regulate the reproduction and use of works which are essentially communal in origin"
- Autodesk v. Dyason (No.2) (1993) 111 ALR 385 (the idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J)
- Sega Enterprises Ltd v. Galaxy Electronics Pty Ltd 35 IPR 161 (1997): interactive video games involving computer images fall in the definition of cinematograph film
- Telstra v Desktop Marketing Systems : originality required to attract copyright protection - Treat this with caution - see Nine v IceTV as a better case
Read more about this topic: List Of Copyright Case Law
Famous quotes containing the word australia:
“It is very considerably smaller than Australia and British Somaliland put together. As things stand at present there is nothing much the Texans can do about this, and ... they are inclined to shy away from the subject in ordinary conversation, muttering defensively about the size of oranges.”
—Alex Atkinson, British humor writer. repr. In Present Laughter, ed. Alan Coren (1982)
“I like Australia less and less. The hateful newness, the democratic conceit, every man a little pope of perfection.”
—D.H. (David Herbert)