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FEDERAL COURT OF AUSTRALIA
Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (No 2) [2010]
FCA 698
Citation:
Larrikin Music Publishing Pty Ltd v EMI Songs Australia
Pty Limited (No 2) [2010] FCA 698
Parties:
LARRIKIN MUSIC PUBLISHING PTY LTD (ACN
003 839 432) v EMI SONGS AUSTRALIA PTY
LIMITED (ACN 000 063 267), EMI MUSIC
PUBLISHING AUSTRALIA PTY LIMITED (ACN00 0
040 951), COLIN JAMES HAY and RONALD
GRAHAM STRYKERT
File number(s):
NSD 145 of 2008
Judge:
JACOBSON J
Date of judgment:
6 July 2010
Catchwords:
TRADE PRACTICES – damages – reproduction of part
of a musical work – misleading representations as to
entitlements to income – percentage payable on
exploitation of sample of earlier work in a later work
COPYRIGHT – reproduction of part of a musical work –
percentage payable on exploitation of sample of earlier
work in a later work
Legislation:
Trade Practices Act 1974 (Cth) ss 52, 82
Copyright Act 1968(Cth)
Cases cited:
Carey-Hazell v Getz Bros & Co (Aust) Pty Limited(2001)
112 FCR 336 cited
Larrikin Music Publishing Pty Ltd v EMI Songs Australia
Pty Limited (2010) 263 ALR 155 referred to
Ludlow Music Inc v Williams (No 2) [2002] EWHC 638
(Ch) followed
Murphy v Overton Investments Pty Ltd (2004) 216 CLR
388 referred to
PSL Industries Limited v Simplot Australia Pty Limited
(2003) 7 VR 106 cited
Spencer v Commonwealth (1907) 5 CLR 418 cited
Date of hearing:
3, 4, 7 & 8 June 2010
Date of last submissions:
8 June 2010
-2-
Place:
Sydney
Division:
GENERAL DIVISION
Category:
Catchwords
Number of paragraphs:
225
Counsel for the Applicant:
Mr R.P.L. Lancaster SC with Mr N.R. Murray
Solicitor for the Applicant:
Simpsons Solicitors
Counsel for the
Respondents:
Mr J.T. Gleeson SC with Mr C. Dimitriadis and Mr P.A.
Maddigan
Solicitor for the
Respondents:
TressCox Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 145 of 2008
BETWEEN:
LARRIKIN MUSIC PUBLISHING PTY LTD (ACN 003 839
432)
Applicant
AND:
EMI SONGS AUSTRALIA PTY LIMITED (ACN 000 063 267)
Third Respondent
EMI MUSIC PUBLISHING AUSTRALIA PTY LIMITED
(ACN 000 040 951)
Fourth Respondent
COLIN JAMES HAY
Fifth Respondent
RONALD GRAHAM STRYKERT
Sixth Respondent
JUDGE:
JACOBSON J
DATE OF ORDER: 6 JULY 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.
The parties bring in short minutes of order to reflect the reasons given in this
judgment.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
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